Estate of Ethel M. Cumber Wilson, Deceased, Ethel C. Kelly and Dennis I. Belcher, Co-Executors - Page 12

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               Daniel's claim against the estate is for all practical                 
          purposes the same as David's, and we believe that the same                  
          considerations warrant our holding that the mutual, arm's-length            
          promises of decedent and Daniel constituted adequate and full               
          consideration in money's worth.  The fact that the amount of the            
          settlement disposing of Daniel's claim was somewhat greater than            
          David's settlement has no bearing on our finding.  Settlement               
          figures are generally arrived at after considering the                      
          uncertainties of litigation.  However, our focus in analyzing the           
          adequate and full consideration issue falls on the point at which           
          decedent and Daniel decided to make their bargain.                          


                                                  Decision will be entered            
                                             under Rule 155.                          














               3(...continued)                                                        
          Estate of Boyce v. Commissioner, supra.  In the instant case,               
          both David and Daniel agreed to treat the settlement payments as            
          compensation received.                                                      




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