- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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