Estate of Ona E. Hendrickson - Page 6




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          1979-93 will also determine petitioner's gift tax liability in               
          the related controversy.                                                     
               We conclude that decedent gave $913,200 in investment income            
          to the children as argued by respondent on brief, except to the              
          limited extent we find the income was used to pay decedent's                 
          share of family farm expenses.                                               
               The unpaid mortgage issue concerns whether petitioner may               
          deduct, as an unpaid mortgage under section 2053(a)(4), part of              
          the outstanding balance (at decedent's death) of a secured bank              
          loan.  The resolution of this issue requires us to consider the              
          amount of the security for the loan that was included in                     
          decedent's estate.                                                           
               We conclude that petitioner is not entitled to a deduction              
          for the loan.3                                                               
                                   FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found; the            
          stipulation of facts and the related exhibits are incorporated by            
          this reference.                                                              



               3 In the statutory notice, respondent denied any deduction              
          for the bank loan and also asserted that decedent gave the loan              
          proceeds to her children.  Respondent has since conceded that                
          these are alternative positions.  Our conclusion that petitioner             
          may not deduct the outstanding loan balance therefore renders                
          moot respondent's contention that the proceeds of the loan were a            
          gift.                                                                        






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