Estate of Arthur C. Edwards, Deceased, Kenneth Edwards, Edward Edwards and James Edwards, As Trustees of the Arthur C. Edwards Settlement Trust, Personal Representative - Page 6

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          suant to the terms of the settlement trust, outlined supra, Ann             
          Goss possessed an income interest in this property for her life.            
          The parties have agreed that the fair market value of that income           
          interest was $6,741,453.                                                    
               After decedent's death, a Federal estate tax return was                
          filed by the executors of decedent's estate.  In the return, the            
          executors claimed deductions for the value of Ann Goss' life                
          interest in decedent's stock and the value of the Edwards                   
          children's remainder interest.  Respondent, in the notice of                
          deficiency, disallowed both deductions.  Respondent has subse-              
          quently conceded that the claim of Ann Goss is deductible.  The             
          deductibility of the remainder interest of the Edwards children,            
          however, is still in dispute.                                               
          Discussion                                                                  
               Section 2053(a)(3) provides that the value of the gross                
          estate is determined by deducting the amount of claims against              
          the estate.  Section 2053(c)(1)(A) limits the deduction for                 
          claims founded on a promise or agreement to the amount of claims            
          that were contracted for full and adequate consideration.  One              
          purpose of this consideration requirement is to prevent decedents           
          from reducing their gross estate through contractually arranged             
          transfers that serve a "donative or testamentary intent."  Estate           
          of Huntington v. Commissioner, 100 T.C. 313, 316 (1993), affd. 16           
          F.3d 462 (1st Cir. 1994); see also United States v. Stapf, 375              
          U.S. 118, 130-133 (1963).  However, liabilities imposed by law              




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