- 8 - of the decedent or of the estate, as compared to bequests and legacies. First Natl. Bank of Amarillo v. United States, 422 F.2d 1385, 1386 (10th Cir. 1970). To be deductible, the claim must represent a personal obligation of the decedent at the time of death. Section 2053(c)(1)(A) places a limitation on the type of claims at issue in this case by providing: (A) Consideration for claims.--The deduction allowed by this section in the case of claims against the estate, * * * shall, when founded on a promise or agreement, be limited to the extent that they were contracted bona fide and for an adequate and full consideration in money or money's worth; * * * Section 2053(c)(1)(A) is mirrored by the provisions of section 20.2053-4, Estate Tax Regs. The purpose of the "adequate and full consideration" requirement is to prevent the depletion of the estate by the use of agreements which would ultimately serve to avoid the estate tax. Bank of New York v. United States, 526 F.2d 1012, 1016 (3d Cir. 1975); see Estate of Hartshorne v. Commissioner, 402 F.2d 592, 594 n.2 (2d Cir. 1968); Latty v. Commissioner, 62 F.2d 952, 953-954 (6th Cir. 1933). Thus, claims based upon promises or agreements must be "contracted for a consideration which at the time either augmented the estate of the decedent, granted to him some right or privilege he did not possess before, or operated to discharge a then existing claim". Latty v. Commissioner, supra at 954. Furthermore, under the statute, some consideration is notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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