- 21 - decedent’s attorney who assisted him in estate planning and drafted the will. He testified that decedent did not mention the Agreement to him, and he found the Agreement in decedent’s safe deposit box after his death, among many old wills and other papers. Bell received more under the will than she would have under the 1981 will. Petitioners have failed to convince us that decedent did not provide for Bell in his last will independent of any obligation that he might have had under the Agreement. In short, petitioners have failed to prove that the Agreement motivated decedent to provide for Bell in the will. We do not attempt to read decedent’s mind. Cf. Mahoney v. United States, 831 F.2d 641. 647 (6th Cir. 1987) (counseling against such practices in applying the estate tax). Given decedent’s demonstrated affection for Bell, we hold only that petitioners have failed to provide a compensatory motive. Furthermore, petitioners have failed to prove that any obligation imposed on decedent by the Agreement was for an adequate and full consideration in money or money’s worth, which is required to support a deduction under section 2053(a)(3) and (c)(1)(A). The recited consideration includes past services, without any indication that decedent owed Bell anything with respect to those services. The future services called for from Bell are her care of decedent and decedent’s daughter and decedent’s home “as long as she is physically able to do so.”Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011