- 31 - Provident. The Company repaid its note to decedent's estate on January 15, 1993, at which time the estate also repaid the Provident Loan. Respondent asserts that the elimination of a claimed expense should also eliminate its deductibility, citing Estate of Street v. Commissioner, 974 F.2d 723 (6th Cir. 1992), affg. in part and revg. in part T.C. Memo. 1988-553. We disagree. Respondent contends that the interest incurred on the Provident Loan during the post mortem period in which the Company paid the exact amount of interest on its notes to decedent's estate had no negative impact on the net estate. Respondent quotes the following passage from Estate of Street to support her position: "'To pay the interest on the deferred taxes out of income of the estate would neither increase nor decrease the principal of the estate as it was at the time of decedent's death.'" Id. at 727-728 (quoting Estate of Richardson v. Commissioner, 89 T.C. 1193, 1205 (1987)). The issue in Estate of Street was whether the marital deduction has to be reduced by interest on deferred taxes and other administration expenses that were paid out of the income generated by the marital share of the estate. Explaining the meaning of the Estate of Richardson decision, the Court of Appeals in Estate of Street stated: "Therefore, Estate of Richardson stands only for the proposition that the payment, from income, of interest on inheritance andPage: 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