Estate of Ona E. Hendrickson - Page 69





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          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 must            





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