- 69 - As a result of this joint liability, decedent would have been entitled under Indiana law to payments from her co-obligors, if she had paid more than her share of the Land Bank loan. See Ind. Code Ann. sec. 26-1-3.1-116(b) (Michie 1999). The purpose of the deduction for unpaid mortgages (and generally for claims against the estate) is to ensure that the estate tax is imposed on the net amount of wealth a decedent can transmit to his or her heirs. See Estate of Courtney v. Commissioner, supra at 321. To achieve this purpose, where a decedent was jointly and severally liable for a debt at the time of death, the decedent's estate is not allowed to deduct the entire debt; instead, the estate's section 2053 deduction is adjusted to take account of the decedent's right of contribution from his co-obligors. See Parrott v. Commissioner, 7 B.T.A. 134 (1927), affd. 30 F.2d 792 (9th Cir. 1929). This may be done directly, by limiting the decedent's section 2053 deduction to the amount of the joint and several debt, less the value of the decedent's contribution rights. It may also be done indirectly, by allowing the decedent a deduction for the full amount of the debt, but by including the value of the decedent's contribution rights in the value of the gross estate. See id. at 138. In this case, the value of decedent's right to seek contribution has not been included in decedent's gross estate. Therefore, the amount of petitioner's section 2053 deduction mustPage: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
Last modified: May 25, 2011