Estate of Lloyd P. Cavett - Page 21




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          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.”               






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