- 57 - expenses of Garry's estate. For this reason, we have found that "at least" 65 percent of the proceeds was so used. The evidence concerning the net loan proceeds not used to pay such taxes and expenses is less clear. The Land Bank's records provide few details about the use of these proceeds. It is clear, however, that some of these proceeds were disbursed by the Land Bank using checks payable solely to Donald Hendrickson. It is also clear that all net proceeds not used to pay the taxes and expenses of Garry's estate were deposited in the Vera Lou Klippel agent account, which was owned solely by the children. In addition, other than the unsubstantiated testimony of Donald Hendrickson, there is no evidence that more than a de minimis amount of the loan proceeds was used to pay expenses of the family farm or was otherwise received by or used for the benefit of decedent.13 The note representing the Land Bank loan provided that decedent was jointly and severally liable for repayment of the loan. However, the deeds by which decedent gave away most of her interest in the family farm land during 1979-93 expressly provided that the grantees assumed the Land Bank debt to which the transferred land was subject. As a result of these 13 Petitioner's estate tax return did report some of the Land Bank stock, with a value of $12,980, as an asset of the estate.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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