Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 36




                                       - 36 -                                         
          Form 706, the estate deducted $1,543 for real estate taxes owed             
          on decedent’s home.                                                         
          Respondent’s Determinations                                                 
               On September 26, 2001, respondent issued a notice of                   
          deficiency with respect to the gift tax return, in which he                 
          advanced two alternative positions.  Respondent determined that             
          the transfer of the Marital Fund assets was an indirect gift of             
          one-third of the assets to Ms. Powell and one-third of the assets           
          to Mr. Gore.  Respondent valued each indirect gift at $1,479,514,           
          the fair market value of one-third of the Marital Fund assets.              
          Alternatively, respondent disallowed the discount that was                  
          applied in valuing the partnership interests transferred to the             
          Pamela Powell and Michael Gore Trusts and valued each gift at its           
          fair market value, which respondent determined to be $1,479,514,            
          rather than $503,834 as shown on the gift tax return.  Respondent           
          also included a gift of $1,700 cash to Ms. Powell and a gift of             
          $870 cash to Mr. Gore.37                                                    
               On September 26, 2001, respondent issued a separate notice             
          of deficiency with respect to the estate tax return, in which he            
          advanced two alternative positions.  Respondent included the fair           
          market value of GFLP ($4,977,280) in decedent’s taxable estate              
          under sections 2036 and/or 2038 and reduced the taxable estate by           

               37Petitioner has not contested respondent’s determination to           
          increase decedent’s taxable gifts by $1,700 and $870, and these             
          amounts are not at issue in this case.                                      





Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next 

Last modified: November 10, 2007