Estate of Delores E. Lasarzig, Deceased, Wells Fargo Bank, Trustee - Page 9




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          sold all of its assets, with the exception of the shopping center           
          parcels, so it did not unreasonably refuse to sell assets; (2) it           
          is not impermissible for an estate to incur expense (in this case           
          interest) to preserve property for the benefit of the                       
          beneficiaries; (3) the loan was secured in order to vest good               
          title in the beneficiaries because the proceeds were used to pay            
          off the estate tax and remove the Government’s lien from the                
          shopping center realty; (4) because the shopping center property            
          had a value of more than double the outstanding tax liability, it           
          would have been necessary to sell only a fractional interest and            
          a severe discount would have resulted.  If the entire property              
          had been sold, the expenses of sale would have had to be borne by           
          the portion that did not go to pay the estate tax, as well as the           
          portion that was used for that purpose; (5) the trustee/                    
          beneficiaries believed that the shopping center would increase in           
          value and they should be allowed to borrow against, as opposed to           
          selling, the property; and (6) the situation here is analogous to           
          that of a trust holding a family farm for which sections 2032A              
          and 2057 permit the type of relief petitioner seeks.  Those                 
          estate tax provisions indicate a general congressional intent to            
          preserve estates’ interests in certain family-owned businesses.             
               Although we consider the cases cited by the parties in order           
          to reach our conclusion, the parties’ interpretations of the                
          cases appear generally to favor the allowance of the deduction of           





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