- 27 - not by liquidity problems or valuation disputes, but by the sale of the mansion, and thus had been unduly prolonged. See sec. 20.2053-3(d)(1), Estate Tax Regs. (expenses of caring for and preserving property will not be allowed "for a longer period than the executor is reasonably required to retain the property"). The facts in this case are distinguishable from those of Hibernia Bank. In this case, the most valuable estate assets were the shares of class B and class E stock in the Company. The Company was neither able nor required to redeem enough of these shares to provide funds to pay all death taxes and all the estate's other actual or potential liabilities when due. Further, the executors believed that the Company stock was likely to increase in value. Accordingly, borrowing funds, rather than selling stock, allowed decedent's estate to more easily meet its burdens by taking advantage of the increasing value of the stock. The Company's shares of stock were less marketable than in Hibernia Bank as they were not publicly traded. While it is true that the executors of decedent's estate were also directors of the Company, this fact alone will not make the loans unauthorized as the executors have been shown to have acted in the best interest of decedent's estate. Decedent's estate further relies on Estate of Todd v. Commissioner, 57 T.C. 288 (1971). In Estate of Todd, the estate borrowed $300,000 from a private source. The estate consistedPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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