Remainder Interest Included in Gross Estate at FMV

Business Valuation Update BVLaw
Legal and Court Case Update
November 26, 1996
estate and gift taxation
estate tax, preferred stock

Estate of D'Ambrosio v. Commissioner
101 F.3d 309, 1996 U.S. App. LEXIS 31228
Federal Court
3rd Circuit
United States Court of Appeals


The 3rd Circuit reversed the Tax Court and concluded that the decedent received adequate consideration under IRC sec. 2036 when she exchanged her stock for an annuity.

See Also

Estate of D'Ambrosio v. Commissioner

Issue is whether entire fee simple value of stock was part of gross estate even though the decedent had sold her remainder interest in the stock for its fair market value.