Estate of Mary B. Bull - Page 18




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          existed a 57-percent complete residence with no enforceable right           
          to insurance reimbursement and no contractual obligation between            
          the estate or heirs and Krueger for the completion of                       
          construction.  Under these circumstances no amount was includable           
          in decedent’s gross estate to represent any possible future                 
          payment from Chubb.                                                         
          The situation here is unlike those where services have been                 
          performed and/or an asset exchanged and something was due to or             
          from decedent at the time of death.  See, e.g., Estate of Curry             
          v. Commissioner, 74 T.C. 540, 545-547 (1980), where a contingent            
          legal fee was includable in an estate based on the rationale that           
          it had been earned and a claim existed at the time of death.                
               Chubb’s obligation to pay is conditional and did not arise             
          or exist until after decedent’s death.  Stated another way,                 
          decedent did not have a right, at the time of her death, to                 
          receive reimbursement from Chubb until and unless the restoration           
          was accomplished triggering Chubb’s obligation.  See also Estate            
          of Rowan v. Commissioner, 54 T.C. 633, 640 (1970), where crops              
          had been produced, sold, and delivered prior to death so that               
          there was a right to receive payment that was includable in that            
          estate.                                                                     
               Another significant reason for our holding is that the                 
          reimbursement payments, if made, had no rational relationship to            
          the value of the completed residence or asset.  Any such payments           






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