Estate of Ona E. Hendrickson - Page 68





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               B. Uncertainty That Land Bank Loan Will Ever Be Paid by                 
                   Decedent's Estate                                                   
               An item may be deducted under section 2053 even if its exact            
          amount is not known, provided it is ascertainable with reasonable            
          certainty, and will be paid.  See sec. 20.2053-1(b)(3), Estate               
          Tax Regs.  However, no deduction may be taken on the basis of a              
          vague or uncertain estimate, or for a debt that will not in fact             
          be paid.  See id.; Estate of Courtney v. Commissioner, supra at              
          319-323.                                                                     
               As Donald Hendrickson testified at trial, if decedent had               
          paid more than her allocable share of the Land Bank loan, she                
          would have been entitled to seek contribution from her co-                   
          obligors.  As explained below, the value of decedent's                       
          contribution rights must be taken into account in determining the            
          allowable amount of petitioner's deduction for the Land Bank                 
          loan.  However, under the circumstances of this case, petitioner             
          has not established (and it is impossible for us to determine)               
          the value of those contribution rights.  For this reason (and the            
          other reasons discussed below), it is impossible to estimate                 
          petitioner's liability for the Land Bank loan with reasonable                
          certainty, and no deduction is allowed.                                      
               1. Petitioner's Section 2053 Deduction Must Be Reduced on               
                   Account of Decedent's Contribution Rights                           
               Decedent individually was but one of eight parties who were             
          jointly and severally liable for repayment of the Land Bank loan.            





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