- 67 - Petitioner's estate tax return reported four tracts of land as being subject to a mortgage, with an aggregate reported value of $101,451. Petitioner's brief asserts that the mortgage referred to was the Land Bank mortgage. However, by comparing the description of the four tracts on petitioner's estate tax return with the Land Bank mortgage, we have found that only two of the tracts reported on the return-–tract 1102, containing 13.33 acres, and tract 1103, containing 26.66 acres--were in fact subject to the mortgage. With respect to the value of the tracts subject to the Land Bank mortgage, petitioner's return reported a separate value for only one of these tracts (a value of $22,661, for tract 1103). The return reported a combined value of $78,790 for three other tracts, including tract 1102, the second tract subject to the Land Bank mortgage. By assuming that these three tracts had the same per-acre value, we have estimated that the value of tract 1102 was $9,477. For all these reasons, we have found that only $32,138 of the security for the Land Bank loan was included in decedent's estate. Therefore, petitioner's section 2053(a)(4) deduction could in no event exceed $32,138--even if the other requirements set forth below were satisfied. See Estate of Fawcett v. Commissioner, supra at 897.Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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