Estate of Lewis S. Thompson, III, Deceased, Synovus Trust Company, Successor Executor To Security Bank and Trust Company - Page 26

                                       - 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

Last modified: May 25, 2011