Estate of Delores E. Lasarzig, Deceased, Wells Fargo Bank, Trustee - Page 5




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               On June 12, 1996, and December 30, 1997, fourth and fifth              
          extensions were requested and granted until January 31, 1997, and           
          December 30, 1998, respectively.  All five extensions were                  
          granted pursuant to respondent’s discretionary authority under              
          section 6161(a).  On December 3, 1998, respondent served Stewart            
          Title Co. a notice of lien for the estate’s tax liability with              
          respect to the shopping center properties.  On December 31, 1998,           
          the balance of the outstanding estate tax liability was paid with           
          the proceeds of a loan secured on a parcel of the shopping center           
          property.  The loan was for 20 years with 7-percent interest and            
          a $26,361 monthly payment.  The borrowers were the personal                 
          family trusts of the beneficiaries.  The borrowers may prepay the           
          loan after the third year, and the lender has the option to                 
          accelerate the outstanding balance after 10 years if certain                
          conditions exist at that time.  The term of the loan will end               
          December 30, 2018.  We assume that to the extent the estate is              
          paying the interest on the loan, such payment is on behalf of or            
          to reimburse the beneficiaries’ family trusts.                              
          Discussion                                                                  
               The threshold question underlying the parties’ controversy             
          is whether, under the circumstances of this case, the interest on           
          debt obtained to pay estate tax is an expense of administration             
          of the estate within the meaning of section 2053(a).  The parties           
          interpret the existing case law as favoring their respective                





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