- 14 - tax-motivated” proceeding of the sort we condemned in Robinson v. Commissioner, 102 T.C. 116, 129 (1994), affd. in part and revd. in part 70 F.3d 34 (5th Cir. 1995). In the Commissioner’s view, the Probate Court’s review is colored by the undisputed fact the Hickses themselves proposed the allocations, and Kimberly and her father did not have adverse interests in how the settlement proceeds were distributed. The Commissioner reasonably suspects that this might mean the form of the allocations has little relation to economic reality, and that the disputed $1 million was Kimberly’s at all times. We disagree at the outset with the Commissioner’s unlinking of the $1 million repayment feature of the loan from its associated income stream. That income stream was Clyde’s from the start, and it is plain error as a matter of economics to say in effect that it was valueless. Because the note was callable at Kimberly’s death, we can estimate its present value as of the Probate Court’s allocation by using her life expectancy at that time. That was the subject of considerable dispute, and the Commissioner argues that it ranged between 4 and 50 years. The annual payment to Clyde was fixed at $60,000. If one uses a discount rate of 10% to this income stream (at the time, long-Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007