Estate of Bigelow v. Commissioner

GOULD, Circuit Judge:

The Estate of Virginia A. Bigelow (“the Estate”) appeals the decision of the United States Tax Court upholding a deficiency in the Estate’s federal estate tax return imposed by appellee Commissioner of Internal Revenue (“the Commissioner”). We consider the applicability of § 2036(a) of the Internal Revenue Code, 26 U.S.C. § 2036(a), which recaptures in a decedent’s gross estate the value of certain assets transferred inter vivos. Upon Ms. Bige-low’s death, the Estate filed a federal estate tax return that applied a 37% discount for lack of control and marketability to her…