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STARK v. UNITED STATES

Nos. 72-1579, 72-1580.

477 F.2d 131 (1973)

Lera H. STARK, Appellant, v. UNITED STATES of America, Appellee. William P. STARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1973.

Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

John I. Wassberg, Kansas City, Mo., for appellant.

Joseph M. McManus, Atty., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before LAY and BRIGHT, Circuit Judges, and NICHOL, District Judge.

PER CURIAM.

We are presented with the question whether, in order to claim the $3,000 gift tax exclusion pursuant to 26 U.S.C. § 2503(b), a taxpayer might satisfy his burden of proving that an income interest in a trust has "ascertainable value,"1 by reference to the actuarial tables found in Treas.Reg., 26 CFR § 25.2512-5(c).

The taxpayers made gifts of the stock of a closely held corporation to three trusts, for the...

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