- 12 - Earl held a one-half interest in the Shoshone Note and that the note had an unpaid principal balance of $417,600. Petitioner has not, however, established the note's value. Moreover, petitioner has not provided a reliable account of Earl's liabilities. This incomplete picture of Earl's financial status is inadequate to satisfy petitioner's burden to substantiate an exclusion under section 2040(a) for one-half of the value of the Joint Tenancy Account. The claims of creditors may have reduced or eliminated the amount of funds available to satisfy Rory's legacy. Thus, petitioner has failed to prove that any of the funds in the Joint Tenancy Account originally belonged to Rory and were not received by him from the decedent for less than full and adequate consideration in money or money's worth. Accordingly, we conclude that petitioner has failed to meet its burden of proving that one-half (or any part) of the value of the Joint Tenancy Account was excludable from the gross estate under section 2040(a). III. The Kotler Note Petitioner deducted from the gross estate $363,458 relating to the Kotler Note. With respect to indebtedness based on a promise or agreement, section 2053(a)(3) allows a deduction from the gross estate to the extent the indebtedness was contracted bona fide and for adequate and full consideration in money or money's worth. Sec. 2053(c)(1)(A). Petitioner contends that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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