Estate of Ona E. Hendrickson - Page 73





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               As noted above, in this case:  (1) The children and their               
          spouses expressly assumed most of decedent's share of the Land               
          Bank loan; (2) decedent had rights of contribution (or                       
          subrogation) against her co-obligors on the Land Bank loan, but              
          we are unable to determine the value of those rights; (3)                    
          petitioner admits that most of the proceeds of the Land Bank loan            
          did not benefit decedent, and there is little evidence that more             
          than a de minimis portion of the proceeds benefited decedent; (4)            
          payments have continued to be made on the Land Bank loan since               
          decedent's death; (5) neither Garry's estate nor decedent                    
          deducted the interest on the Land Bank loan; (6) no claims were              
          filed against decedent's estate with respect to the Land Bank                
          loan; and (7) only a small portion of the security for the Land              
          Bank loan was included in decedent's estate.                                 
               On the basis of all these facts and circumstances, we hold              
          that petitioner is not entitled to any deduction for the Land                
          Bank loan under section 2053(a)(4), even though a small portion              
          of the security for the loan was included in decedent's estate.              
          See Estate of Theis v. Commissioner, supra; Estate of Courtney v.            
          Commissioner, supra; cf. Estate of Fawcett v. Commissioner, 64               
          T.C. 889 (1975) (Commissioner's determination that one-half of               
          joint and several debt was deductible as an unpaid mortgage was              
          not disturbed); Estate of Scofield v. Commissioner, T.C. Memo.               
          1980-470 (estate's unpaid mortgage deduction, reduced by value of            





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