- 65 - mortgage covered most (but not all) of the 1,804 acres constituting the family farm. At decedent's death, the outstanding balance of the Land Bank loan was $825,068. Petitioner claimed on the estate tax return that this entire balance was deductible from decedent's gross estate, in part as a "claim against the estate" under section 2053(a)(3) and in part as an "unpaid mortgage" under section 2053(a)(4). On brief, petitioner concedes that its original position was incorrect. Petitioner now seeks a deduction only for an "unpaid mortgage" under section 2053(a)(4) in the amount of $88,109. Respondent maintains that no deduction is allowable. Section 2053(a)(4) allows a deduction from the gross estate for "unpaid mortgages" on property. The mortgage for the Land Bank loan is unquestionably an unpaid mortgage, to the extent of the $825,068 outstanding balance at decedent's death. However, the limitations on the unpaid mortgage deduction thwart even petitioner’s reduced claim, as explained below. A. Value of Security Included in Decedent's Estate Section 2053(a)(4) by its terms applies to an unpaid mortgage on property "where the value of the decedent's interest therein, undiminished by such mortgage * * * is included in the value of the gross estate". We have interpreted and applied this language to hold that where the value of the property securingPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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