- 71 - provided that the grantees assumed the Land Bank debt to which the transferred land was subject. As a result of these assumptions by the children (and their spouses), decedent effectively became a guarantor, rather than a co-obligor, with respect to most of the Land Bank loan. Because a guarantor's rights to contribution (or subrogation) are greater than a co-obligor's, it would be inappropriate to determine the value of decedent's contribution rights by reference to the number of obligors on the Land Bank loan. See Estate of Theis v. Commissioner, 770 F.2d 981 (11th Cir. 1985) (section 2053 deduction denied in its entirety where decedent was only secondarily liable, because decedent had 100-percent right of contribution from primary debtor), affg. 81 T.C. 741 (1983). 3. Decedent's Status as Guarantor or "Accommodation" Party In addition to the assumptions of debt by decedent's transferees, there is other evidence that suggests decedent functioned largely as a guarantor or "accommodation" party with respect to the Land Bank loan. First, even petitioner claims that only 17.5 percent of the proceeds from the Land Bank loan was used for decedent's benefit. In addition, all of the net loan proceeds not used to pay the taxes and expenses of Garry's estate were deposited in the Vera Lou Klippel agent account, which was owned solely by the children. Moreover, other than the unsubstantiated testimony ofPage: 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