- 29 - estate taxes and interest. Approximately 3 years later, the personal representatives had paid only $11,000 towards the principal on the loan; however, the estate held assets with a market value of $944,448. The Commissioner disallowed almost all of the interest expenses claimed on the loan on the ground that the loan was not necessary for the administration of the estate. We rejected the Commissioner's argument and held that the interest expenses were deductible. We stated that Although respondent has suggested the executors could have sold more land or timber, and that no contingency reserve is appropriate, we are not prepared to second guess the judgments of a fiduciary not shown to have acted other than in the best interests of the estate. * * * the fiduciaries to have been prudent indeed to have anticipated contingencies such as an increased estate tax liability. [Id.] Moreover, in Estate of Sturgis, we determined that the value of the estate's real property was understated by approximately $2 million and noted that the personal representatives turned out to be very prudent in retaining a contingency reserve. In this case, respondent initially sought to impose approximately $2 million in additional gift and estate taxes on decedent's estate, plus interest, virtually all of which related to respondent's attempt to increase the value of the Company stock. Respondent has conceded this issue. We do not think that the loans in this case were unnecessary, either when made or because the estate administration has been unduly prolonged,Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011