- 11 - Petitioner cites and strongly relies upon our decision in Estate of Harper v. Commissioner, 11 T.C. 717 (1948). Petitioner cites Harper to support the proposition that for estate tax purposes the value that is transferred under section 2033 is the realizable value of an asset during decedent's life and no more. Section 2033 provides: Sec. 2033. Property In Which The Decedent Had An Interest. The value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of his death. Petitioner states on brief that "In Harper the Court faced the precise issue of this case". We do not agree. On the surface, some of the words of Harper might, when read out of context, appear to support petitioner's position. There we concluded our Opinion by saying that At the time of her death the decedent had an interest in notes the value of which did not exceed the value of the assets held as security therefor plus the net worth of the makers, and that is the interest which ceased at her death. We hold that the petitioner correctly returned the value of the interest of the decedent in the notes at the time of her death for estate tax purposes. [11 T.C. at 720.] This passage was in response to an argument by the Commissioner that the value of the notes was enhanced because immediately upon the death of the decedent the makers of the notes, who were also Harper's heirs, became invested with more than sufficient assets to satisfy their obligation. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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