Estate of Lloyd P. Cavett - Page 20




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          expectation of gain or profit.  There was no employment                     
          relationship.                                                               
          IV.  First Claim for Refund                                                 
               Petitioners claim an overpayment of estate tax in the amount           
          of $212,438.06 on account of their failure to deduct $797,475.50            
          as a claim against the estate.  That amount (the inheritance)               
          represents the value of substantially all of the assets received            
          by Bell pursuant to decedent’s last will and the accompanying               
          trust agreement (together, the will).  Petitioners argue that the           
          inheritance was paid pursuant to decedent’s obligation to provide           
          for Bell in his will, which obligation was established by the               
          Agreement.                                                                  
               Section 2053(a) provides that the value of the taxable                 
          estate shall be determined by deducting from the value of the               
          gross estate certain items, including claims against the estate.            
          See sec. 2053(a)(3).  In pertinent part, section 2053(c)(1)(A)              
          provides:  “The deduction allowed by this section in the case of            
          claims against the estate, unpaid mortgages, or any indebtedness            
          shall, when founded on a promise or agreement, be limited to the            
          extent that they were contracted bona fide and for an adequate              
          and full consideration in money or money’s worth”.                          
               We first note that the Agreement is not mentioned in the               
          will, and petitioners have failed to show that Bell has made any            
          claim against the estate.  Petitioner Kyle C. Brooks is                     






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