- 9 - enough; it must be "adequate and full". Sec. 2053(c)(1)(A). Our task is to determine whether the underlying claims that resulted in the settlement payments were based on bona fide agreements between decedent and David and Daniel Griffith for adequate and full consideration in money's worth. David filed a lawsuit against the estate claiming that in 1976 he and decedent had entered into an oral contract, whereby decedent agreed to give him one-third of her estate in return for his promise to provide personal and financial services to decedent for her lifetime. David provided such services from 1976 to 1984. In 1980, decedent executed a will in which she gave one-third of her estate to David. Decedent subsequently had a dispute with David, and in 1984 she executed a new will that eliminated David as a beneficiary. David's claim that decedent had breached her contract was litigated, and a jury returned a verdict that would have awarded him more than $1.5 million. However, during jury deliberations David and the executors of decedent's estate entered into a structured settlement agreement, the terms of which were, in part, dependent on the jury's verdict. Pursuant to the verdict and the terms of the settlement agreement, the estate paid David $400,000 in full satisfaction of his claim. Respondent would have us limit the deduction for David's claim to $75,000 because that was the jury's determination of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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