O. D. McKee and Estate of Anna Ruth McKee, Deceased, R. Ellsworth McKee and Jack C. McKee, Co-Executors - Page 29

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          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,                







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