Estate of Bonnie J. Liston Harden, Deceased, David J. Kotler, Executor - Page 12

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          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 the           






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