Estate of Ona E. Hendrickson - Page 65





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          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 securing               





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