Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 10




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          partnership interest in Christiansen Investments had a fair                 
          market value of $1,330,700.                                                 
               The estate’s tax return used these values to report a total            
          gross estate value of slightly more than $6.5 million.  When read           
          in conjunction with the disclaimer’s reservation to Hamilton of             
          $6.35 million worth of property, this meant that only $40,555.80            
          would pass to the Foundation and $121,667.20 to the Trust.  The             
          estate deducted the entire amount passing to the Foundation, and            
          the part passing to the Trust that was equal to the present value           
          of 7 percent of $121,667.20 per annum for 20 years.  The total              
          came to about $140,000.  It is important to note that the estate            
          did not deduct the value of Hamilton’s contingent-remainder                 
          interest in the Trust’s corpus.  See sec. 20.2055-2(b)(1), Estate           
          Tax Regs.                                                                   
               The Commissioner determined that the fair market values of             
          Christiansen’s 99 percent FLP interests should be increased and             
          that Hamilton’s disclaimer did not “qualify”--a term we discuss             
          later--to make any part of the estate’s property passing to                 
          either the Trust or the Foundation generate a charitable                    
          deduction.  The estate timely filed a petition, and trial was               
          held in St. Paul, Minnesota.                                                
               The parties settled the valuation question before trial by             
          stipulating that the fair market value of the Christiansen’s                
          interest in Christiansen Investments was $1,828,718.10, an                  







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Last modified: March 27, 2008