Estate of Mary B. Bull - Page 16




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          the fair market value of decedent’s interest in an asset on the             
          date of death.  Here decedent owned an incomplete residence (57-            
          percent completed).  The parties’ disputes, however, focus on the           
          intangible aspects connected with the possible completion of the            
          residence.                                                                  
               Respondent does not argue that cost should be the measure of           
          the value of the partially or fully completed asset.  On this               
          point also see Securities Mortg. Co. v. Commissioner, 58 T.C.               
          667, 675 (1972), where cost was not used to value incomplete                
          realty.  Respondent’s determination is that decedent had a right            
          or was entitled to the completion of the residence so that the              
          completed value should have been included in the gross estate.              
          Accordingly, respondent’s position is that decedent had a right             
          to the insurance reimbursement, and the value of that right was             
          includable as an asset in her estate.                                       
               Under the agreement between Chubb and decedent, Chubb had              
          unilaterally agreed to pay for restoration of the residence, but            
          only if restoration was pursued and completed.  To the extent               
          that Chubb had an obligation to decedent at the time of her                 
          death, it could only be to reimburse for any portion of the                 
          residence that had been restored.  In addition, Chubb’s exposure            
          under the agreement was to be reduced if the cost of construction           
          was less than estimated.                                                    








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