- 26 - Moreover, we do not think that the interest expense was incurred for the benefit of decedent's heirs. See sec. 20.2053- 3(a), Estate Tax Regs. Although Dorough testified that the value of the stocks retained by the estate had indeed increased after the Note was executed, to the benefit of decedent's heirs, such an increase could not have been forecast at the time of the borrowing. As Dorough explained, predictions as to the direction of the market were "very uncertain". In any event, retaining the marketable securities for potential appreciation does not strike us as the sole or even principal factor for retaining the stocks given the estate's liquidity problem. Although not identical, we think that Marcus v. DeWitt, 704 F.2d 1227, 1232 (11th Cir. 1983), involving the deductibility of expenses incurred in the sale of a decedent's residence, is analogous to the instant case. In Marcus, the Court of Appeals for the Eleventh Circuit, to which an appeal of this case would ordinarily lie, stated that "If the sale was made for the benefit of the estate it is not significant that the beneficiaries also benefitted. The law is well established that such dual benefit does not affect deductibility." Accord Estate of Papson v. Commissioner, supra at 295; compare Estate of Posen v. Commissioner, 75 T.C. 355, 365 (1980) (disallowing deduction for expenses related to the sale of an apartment upon a finding that the sale was "made solely for the benefit of * * * [decedent's daughter] as heir.") (Emphasis added.)).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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