§2033 — Property in which the decedent had an interest

2033. Section 2036 is intended to include in a decedent's gross estate inter vivos transfers that were testamentary in nature. United States v. Estate ofGrace, 395 U.S. 316, 320 (1969); Estate ofBongard v. Commissioner, 124 T.C. 95, 112 (2005). Accordingly, a decedent's gross estate includes the value ofall property that the decedent transferred but retained the possession or enjoyment of, or the right to the income from, for the decedent's life. Sec. 2036(a). This rule, however, does not apply

Respondent argues that decedent's situation is distinguishable from Propstra because all of the property to be aggregated in this case is included in decedent's estate. The FOH shares in the Harriett trust are included pursuant to section 2033, and FOH shares in the QTIP trust are included pursuant to section 2044.

Because at death the decedent does not own an interest in joint tenancy, section 2033 is inapplicable to joint tenancy.

Section 2033 provides that “[t]he value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of [her] death.” Section 2043(a) provides that if a transfer described in section 2036 is made for a consideration in money or money’s worth, but is not a

Legal Framework and Application Section 2033 provides: “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Treasury Regulation § 20.2031-5 further specifies that the “amount of cash belonging to the decedent at the date of his death, whether in his poss

Section 2033 provides: "The value ofthe gross estate shall include the value ofall propertyto the extent ofthe interest therein of the decedent at the time ofhis death." By contrast, section 2035(b) does not speak in terms ofvalues and property.

Section 2033 provides that "[t]he value ofthe gross estate shall include the value ofall property to the extent ofthe interest therein of the decedent at the time ofhis death." Section 20.2033-1(b), Estate Tax Regs., lists examples ofproperty includible in a decedent's gross estate and provides, in relevant part, that "

Discussion Section 2031(a) provides that "[t]he value ofthe gross estate ofthe decedent shall be determined by including to the extent provided for in this part, the value at the time ofhis death ofall property, real or personal, tangible or intangible, wherever situated." Section 2033 provides that "[t]he value ofthe gross estate - 4 - [*4] shall include the value ofall property to the extent ofthe interest therein of the decedent at the time ofhis death." To determine a decedent's interest in

Section 2033 provides broadly that "The value ofthe gross estate shall include the value ofall propertyto the extent ofthe interest therein ofthe decedent at the time ofhis death." As alternately expressed bý regulation, the gross estate encompasses all property "beneficially owned by the decedent at the time ofhis deat

Section 2031(a) provides that "The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at,the time of his death of all property, real or personal., tangible or intangible,-wherever situated ." Section 2033 provides that "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." This includes "the value of all property, whether rea

Section 2033 provides that "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." Petitioners contend that Citigroup shares registered in decedent's name at his death were community property under Belgian law, and that only

Section 2031(a) provides that "The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated." Section 2033 provides that "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death." In the instant case, the parties have stipulated that al

s power ofattorney did not authorize J to make gifts in excess ofthe annual Federal gift tax exclusion; consequently, the value ofthe 99% limited partner interest in LP, as ofthe date ofD's death, is includible in the value of her gross estate under I.R.C. sec. 2033 or I.R.C. sec. 2038(a). David B. Shiner, for petitioner. Gorica B. Lakic and Alexander R. Roche, for respondent. OPINION HALPERN, Judge: By separate notices ofdeficiency, respondent determined a deficiency of$5,870,226 in the Federal

s power ofattorney did not authorize J to make gifts in excess ofthe annual Federal gift tax exclusion; consequently, the value ofthe 99% limited partner interest in LP, as ofthe date ofD's death, is includible in the value of her gross estate under I.R.C. sec. 2033 or I.R.C. sec. 2038(a). David B. Shiner, for petitioner. Gorica B. Lakic and Alexander R. Roche, for respondent. OPINION HALPERN, Judge: By separate notices ofdeficiency, respondent determined a deficiency of$5,870,226 in the Federal

cket No. 16060-04. Filed October 5, 2006. D died on Oct. 31, 2000, and a Federal estate tax return was thereafter filed on behalf of her estate. Held: Two annuities payable under a settlement agreement are includable in the gross estate pursuant to sec. 2033, I.R.C. Held, further, for purposes of inclusion in the gross estate, the annuities are to be valued under sec. 7520, I.R.C., in accordance with the actuarial valuation methodology of sec. 20.2031-7(d), Estate Tax Regs. Held, further, under

Under section 2033, the value of a decedent’s gross estate includes the value of all property beneficially owned by the decedent at the time of death. See sec. 20.2033-l(a), Estate Tax Regs. Section 2044(a) includes in the gross estate the value of property in which the decedent had a qualified income interest for life and for which a marital deduction w

Respondent contends that if the transfer of decedent's Chapote limited partnership interest was voidable, the value of that interest is includable in the gross estate pursuant to section 2033, which provides that the value of the gross estate includes the value of all property to the extent that the decedent has an interest in such property at the time of his or her death.

Section 2033 provides that there shall be included in the value of the gross estate the value of all property to the extent of the decedent’s interest therein at the time of his death. Because at death the decedent does not own an interest in joint tenancy, section 2033 is inapplicable to joint tenancy. Section 2040(a) provides in relevant part tha

"The amount of cash belonging to the decedent at the date of his death, whether in his possession or in the possession of another, or deposited with a bank, is included in the decedent's gross estate." Sec. 20.2031-5, Estate Tax Regs. State law determines the extent of a decedent's interest in property. Burnet v. Harmel, 287 U.S. 103, 11

sfer of the taxable estate of a decedent who is a citizen or resident of the United States. Secs. 2001 and 2002. The value of the gross estate includes the value of all property to the extent of the decedent's interest therein on the date of death.9 Sec. 2033. Section 2036(a) provides that a decedent's gross estate also includes the value of all property interests transferred by a decedent during his life in which the decedent has retained for life the right to the possession, enjoyment, or inco

Dam Authority bond that had not been reported as an asset of the estate for estate tax purposes was discovered. The parties agree that the Grand River Dam Authority bond was not transferred to GFLP and is includable in decedent’s gross estate under sec. 2033. 3Petitioner has raised two additional issues, but we need not decide them in this opinion: (1) Petitioner raised the issue of whether respondent allowed the maximum credit for State death tax under sec. 2011. The estate claimed a credit of

Dam Authority bond that had not been reported as an asset of the estate for estate tax purposes was discovered. The parties agree that the Grand River Dam Authority bond was not transferred to GFLP and is includable in decedent’s gross estate under sec. 2033. 3Petitioner has raised two additional issues, but we need not decide them in this opinion: (1) Petitioner raised the issue of whether respondent allowed the maximum credit for State death tax under sec. 2011. The estate claimed a credit of

Petitioner argues that the class B shares subject to securities law restrictions comprise the “interest” in property under section 2033 that was transferred by decedent at death, that the value of such interest is all that is included in decedent’s gross estate, and that the value of the interest transferred by decedent is determined by valuing only the restricted share interest of decedent.

Section 2033 includes in the gross estate the value of “all property to the extent of the interest therein of the decedent at the time of his death.” And the regulations tell us to value a decedent’s property at its fair market value. Sec. 20.2031-1(b), Estate Tax Regs. Fair market value is the “the price at which the property would change hands be

Section 2033 provides that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Petitioners contend that Citigroup shares registered in decedent’s name at his death were community property under Belgian law, and that only one-half of the value is incl

- 7 - Section 2033 provides: “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” See also sec. 20.2033-1(a), Estate Tax Regs. (“The gross estate of a decedent * * * includes under section 2033 the value of all property, whether real or personal, * * * bene

Section 2033 provides that “The gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Included in the broad definition of gross estate is that property described in section 2036, which provides in pertinent part: SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE. (a) Gener

A decedent’s interest in property is determined by State law. Morgan v. Commissioner, 309 U.S. 78, 80 (1940). The decisions of the State’s highest court are conclusive as to that State’s law, but in the absence of a decision by that court we may look to the State’s lower courts’ rulings and holdings. Commissioner v. Estate of Bosch, 387

For purposes of determining the value of a decedent's gross estate within the purview of section 2033, the term "property" encompasses choses in action.

Section 2033 provides that the value of a decedent’s gross estate includes the value of all property to the extent of the decedent’s interest at the time of his death. Sec. 2033; Estate of Mellinger v. Commissioner, 112 T.C. 26 (1999). Decedent owned a 50-percent interest in the partnership at the time of her death, the value of which must be inclu

Section 2033 provides that a decedent’s gross estate includes “the value of all property to the extent of the interest therein of decedent at the time of his death.” In the instant case, we must decide whether the gifts made to decedent’s daughter-in-law and grandchildren pursuant to the order, but after decedent's death, are includable in decedent

A decedent's interest in property is determined by State law. See Morgan v. Commissioner, 309 U.S. 78, 80 (1940). Under California law, a fixture is a thing that is so attached to realty as to be considered in law a part of the realty itself. See Cal. Civ. Code sec. 660 (West 1982). Generally, a tenant of real property has no right to re

this date, and we find no reason to reach a different conclusion in this - 10 - case. In Estate of Mellinger, the decedent died owning 2,460,580 shares of stock that were held in her revocable trust. The stock was included in her estate pursuant to section 2033. Also included in her taxable estate, pursuant to section 2044, were 2,460,580 shares of the same stock held in a QTIP trust established by the decedent's predeceased spouse. Respondent argued that the shares should be aggregated and valu

provides that "The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated." Section 2033 provides that "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death." ¹³Given our disposition of this issue, we need not consider respondent'

Respondent contends that the value of the assets transferred to the purported partnerships is includable in decedent's gross estate pursuant to section 2033, 2036(a)(1), or 2038.

Section 2033 provides that the gross estate includes the value of all property to the extent that the decedent had an interest in it at the time of her death. State law determines the extent of a decedent's interest in property. Burnet v. Harmel, 287 U.S. 103, 110 (1932). We will follow the decisions of the highest State court, but in the absence o

provides that “The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated.” Section 2033 provides that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” In the instant case, the parties have stipulated that all HFU royalties

The Time of Death as Valuation Date Section 2031(a) provides that the gross estate is generally valued at the time of the decedent’s death.

Allowable deductions include (1) the amounts of any bequests, legacies, devises, or transfers for certain recognized charitable purposes, I.R.C. § 2055, and (2) the value of property passing from a decedent to her surviving spouse, I.R.C. § 2056; see also Estate of Anenberg v. Commissioner, 162 T.C. 199, 206 (2024) (“The marital dedu

The trust property would have been included in Bruce’s gross estate under section 2033 unless consumed or transferred by inter 27 vivos gift.2 In that event, section 2033 would have served the role that would otherwise have been served by section 2044(a).3 It is thus unobjectionable that Bruce’s acquisition of full ownership of the Residuary Trust property terminated his qualifying income interest in that property and n

§ 2033 (“The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.”). Thus, the authorities the Commissioner cites support a result contrary to the one he advances.23 The termination of the Marital Trusts is similar to an appointment of the assets of the Mar

Under section 2033, a decedent’s gross estate includes the value of all property beneficially owned by the decedent at the time of death. See Treas. Reg. § 20.2033-1(a). The value of an estate includes, among other things, all choses in action and any rights to income, acquired before death or because of the decedent’s death, that remain unpaid at the ti

Under section 2033, a decedent’s gross estate includes the value of all property beneficially owned by the decedent at the time of death. See Treas. Reg. § 20.2033-1(a). The value of an estate includes, among other things, all choses in action and any rights to income, acquired before death or because of the decedent’s death, that remain unpaid at the ti

Section 2033 is a broad inclusion provision and includes the value of all property in the gross estate to the extent of the decedent’s interest in the property at the time of her death. Sections 2034 through 2045 explicitly mandate inclusion of more narrowly defined property interests. Sections 2036 and 2038 are at issue here. The parties agree tha

Sections 2034 through 2045 tell us what other property to include in an estate. Some taxpayers reduce their estate-tax liability by making inter vivos transfers several years before their death¹² and pay a usually smaller tax on the transfer.¹³ Sec. 2501(a). " Appeals would therefore presumablygo to the Ninth Circuit. See sec. 7482(b)(1)

Bolles under IRC section 2031 is $1,063,333 instead ofzero as reported and that interest on the PromissoryNote and receivable is includible in the gross estate under IRC section 2033 in the amount of$1,165,778.

Sections 2034 through 2045 tell us what other property to include in an estate. Some taxpayers reduce their estate-tax liability by making inter vivos transfers several years before their death¹² and pay a usually smaller tax on the transfer.¹³ Sec. 2501(a). " Appeals would therefore presumablygo to the Ninth Circuit. See sec. 7482(b)(1)

A decedent's gross estate may include real property, tangible personal property and/or intangible personal property. Sec. 20.2033-1(a), Estate Tax Regs. The value ofevery item ofproperty includible in a decedent's gross estate is generally its fair marketvalue at the time the decedent died. Ld. sec. 20.2031-1(b). The creation oflegal int

ideration. D. Economic Substance Alternatively, respondent argues that the annuity transaction, and the events leading up to it, should be disregarded and, as a result, Mrs. Kite's $10,605,278 of KIC interests is includible in her gross estate under section 2033. For the reasons discussed above, the Court disagrees with respondent's position that the annuity transaction lacked economic substance. However, because the trustee ofMrs. Kite's lifetime revocable trust did not sign the KIC partnership

Section 2033 broadly states that "[t]he value ofthe gross estate shall include the value ofall propertyto the extent ofthe interest therein ofthe decedent at the time ofhis death." Sections 2034 through 2045 then explicitly mandate inclusion ofseveral more narrowly defined classes ofassets. - 19 - [*19] For example, section 2036(a) provides: SEC.

Section 2033 broadly provides that the "value ofthe gross estate shall include the value of all property to the extent ofthe interest therein ofthe decedent at the time ofhis - 23 - [*23] death." Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes ofassets.

ideration. D. Economic Substance Alternatively, respondent argues that the annuity transaction, and the events leading up to it, should be disregarded and, as a result, Mrs. Kite's $10,605,278 of KIC interests is includible in her gross estate under section 2033. For the reasons discussed above, the Court disagrees with respondent's position that the annuity transaction lacked economic substance. However, because the trustee ofMrs. Kite's lifetime revocable trust did not sign the KIC partnership

Section 2033 broadly provides: "The value ofthe gross estate shall include the value ofall property to the extent of the interest therein ofthè decedent at the time ofhis death." Sections 2034 through 2046 explicitlymandate the inclusion ofseveral more narrowly defined classes ofinterests in property. Among those specific sections is section 2042,

The general inclusion section, section 2033, provides: "The value ofthe gross estate shall include the value ofall property to the extent ofthe interest therein ofthe decedent at the time ofhis death." Sections 2034 through 2045 require the inclusion of several narrowly defined classes ofassets, none ofwhich would apply to the assets 9After Clyde Sr 's death, on September 18, 20

The general inclusion section, section 2033, provides: “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 require the inclusion of several narrowly defined classes of assets, none of which would apply to the assets we are considering.

Section 2031(a) provides that the gross estate includes "all property, real or personal, tangible or intangible, wherever situated", to the extent provided in sections 2033 through 2046.

Section 2033 broadly provides: "The value of the gross estate shall include the value of all property- to the extent of the interest therein of the decedent at the time of his death." Sections 2034 through 2046 explicitly mandate the inclusion of several more narrowly defined classes of interests in property. Among those specific sections is sectio

Section 2033 broadly provides that the "value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets . Section 2036(a) provides the following : - 17 -

Section 2033 broadly provides that the "value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets . Section 2036(a) provides the following : - 17 -

Section 2033 broadly provides : "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." .Sections 2034 through 2046 then explicitly mandate the inclusion of several more narrowly defined classes of assets . Among those specific sections is section 2036,

Section 2033 broadly provides that the "value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets . Section 2036(a) provides the following : - 17 -

Section 2033 broadly provides : "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death ." .Sections 2034 through 2046 then explicitly mandate the inclusion of several more narrowly defined classes of assets . Among those specific sections is section 2036,

Sections 2034 through 2045 tell us what property to include in that estate. In this case, the Commissioner argues that sections 2035, 2036 and 2038 bring back into Thelma's estate the property that Garza tried to transfer out of it via the FLPs and private annuity. Depending on how these sections affect what's included in Thelma's gross

Section 2036 The purpose of section 2036 is to include in a deceased taxpayer’s gross estate the value of inter vivos transfers that were testamentary in nature. United States v. Estate of Grace, - 14 - 395 U.S. 316 (1969). Section 2036(a)5 generally provides that if a decedent makes an inter vivos transfer of property, other than a

Conversely, respondent contends the burden has not shifted because the estate was not cooperative within the meaning of section 7491(a), and because the estate failed to introduce credible evidence necessary for the burden to shift.

Section 2033 states broadly that "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death." Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets. Among these specific sections is section 2036, which

Section 2036 The purpose of section 2036 is to include in a deceased taxpayer’s gross estate the value of inter vivos transfers that were testamentary in nature. United States v. Estate of Grace, 395 U.S. 316 (1969). Section 2036(a)5 generally provides that if 5SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE. (a) General Rule.–-The val

At issue here is whether certain property decedent transferred during his lifetime is included in his gross estate under sections 2035(a) and 2036(a) and (b). I. Burden of Proof The estate argues that under section 7491(a) the burden of proof has shifted to respondent. Conversely, respondent contends the burden has not shifted because th

The term "value" means fair market value, which is defined for Federal estate tax purposes as "the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts." United States v. Cartwright, 411 U.S.

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 then explicitly mandate inclusion of - 9 - several more narrowly defined classes of assets. Among these specific sections are section 203

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets. Among these specific sections are section 2036, whic

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets. Among these specific sections is section 2036, which

Generally, under section 2033, the gross estate includes the value of all property to the extent of a decedent's interest therein at the time of death.

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of - 34 - the decedent at the time of his death.” Sections 2034 through 2045 include in the gross estate several narrowly defined classes of assets. Among these specific sections is section 2036, which reads

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” As regards the deductions permitted to nonresident aliens, section 2106(a)(1) provides for allowance of that proportion of the deductions specified in section 2053,

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets. Among these specific sections is section 2039, which

We look to State law to interpret interests and rights. See Tracy v. Commissioner, 70 T.C. 397, 402 (1978); cf. Helvering v. Stuart, 317 U.S. 154, 161 (1942). As relevant to this proceeding, petitioner assigned error to respondent's determinations that, at the time of his death, decedent had an interest in the Abagail ranch and the ranch

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets. Among these specific sections is section 2036, which

2033; Estate of Jalkut v. Commissioner, 96 T.C. 675, 678 (1991). Also, the value of property transferred by a decedent prior to death without consideration and with respect to which a decedent retains a power to revoke the transfer is includable in the decedent’s gross estate. Sec. 2038(a)(1); Estate of Swanson v. United States, 46 Fed. Cl. 38

the decedent shall be determined by including to the extent provided for in this part [sections 2031 through 2046], the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated.” In this connection, section 2033 broadly states that the “value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Regulations further explain the valuation concept as follows: The

Under section 2033, all property beneficially owned by the decedent at the time of death will be included in the gross estate. See sec. 20.2033-1(a), Estate Tax Regs. Section 2044 includes in the gross estate the value of all qualified terminable interest property (QTIP); i.e., property in which the decedent had a qualifying income interest for life and

The executor, however, may elect to value a decedent’s property as of an alternate valuation date; i.e., 6 months after death. See sec. 2032. The election to value decedent’s property as of the alternate valuation date was made in the instant case. The term value means fair market value, which is defined for Federal estate tax purposes a

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” As regards the deductions permitted to nonresident aliens, section 2106(a)(1) provides for allowance of that proportion of the deductions specified in section 2053,

Section 2033 broadly states that “The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death.” Sections 2034 through 2045 then explicitly mandate inclusion of several more narrowly defined classes of assets. Among these specific sections is section 2039, which

Section 2033 includes in the gross estate the value of all property to the extent of the interest of the decedent at the time of death. Section 2046 incorporates the provisions of section 2518, which governs disclaimers of property interests for Federal gift tax purposes. Under section 2046, a "qualified disclaimer" meeting the requirements of sect

Under section 2033, all property beneficially owned by the decedent at the time of death will be included in the gross estate. Section 2044 includes in the gross estate the value of all property in which the decedent had a qualified income interest for life and for which a deduction was allowed to the estate of a predeceased spouse under section 2056(b)(

and resident decedents. Section 2051 defines taxable estate as the gross estate less deductions. "The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death." Sec. 2033. Whether decedent had an interest in property at the time of her death is governed by State law. Estate of Gamble v. Commissioner, 69 T.C. 942, 948 (1978). Petitioner has the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 11

In determining the value of the taxable estate, there is allowed a deduction for the value of any interest in property that is included in the gross estate and that passes from the decedent to the surviving spouse. Sec. 2056(a). One-half of the value of property held in community (that being the decedent's interest in the property) is in

6 - and 2002. A decedent's gross estate is determined by reference to part III of chapter 11. Under this part, the value of the gross estate includes the value of all property to the extent of the decedent's interest therein on the date of death.5 Sec. 2033. A decedent's gross estate also includes property that is subject to section 2036(a), which applies when a decedent makes an inter vivos transfer of property without adequate and full consideration and reserves an income interest in the prope

A decedent’s gross estate also includes property that is subject to section 2036(a), which applies when a decedent makes an inter vivos transfer of property without adequate and full consideration and reserves an income interest in the property for life. Section 2036(a) provides: SEC. 2036(a). General Rule. — The value of the gross estat