In satisfying the more-than-35% test of § 6166 (i.e., extended estate tax payment schedule relative to an interest in a closely held business), some prior gifts the decedent may have made must be considered.

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The value of prior gifts made by the decedent to individuals and entities that are not members of the decedent’s family must be added to the value of the decedent’s gross estate when determining whether the more-than-35% test is satisfied under § 6166.

In Satisfying the More-Than-35% Test of § 6166 (I