Estate of Mary B. Bull - Page 21




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          indicates that it was for the reimbursement of lost furnishings             
          (personal property).8                                                       
               The estate argues that inclusion of $88,506 in the gross               
          estate would, in effect, result in double counting.  That is so             
          because decedent was paid the policy limits prior to her death,             
          which included $142,915 for household contents.  At the time of             
          death, decedent had received reimbursement from the insurance               
          company in an amount that exceeded the insurance company’s                  
          maximum liability to pay for the loss of “contents”.  To the                
          extent that predeath reimbursement was used to pay for                      
          restoration, it would have been reflected in the value of the               
          partially completed residence.  To the extent that predeath                 
          reimbursement was used to pay for furnishings, they would have              
          been scheduled as assets on the estate tax return.  To the extent           
          that any reimbursement or payment received in connection with the           
          insurance policy had not been used, it would be reflected as part           
          of decedent’s liquid assets (cash) that was included in the gross           
          estate.                                                                     
               Respondent’s approach of anticipating the possible existence           
          of household furnishings based on events occurring subsequent to            
          decedent’s death and that were not known at the time of                     



               8 Based on the record and in the context of this case, there           
          is no way to know with certainty the meaning of the term                    
          “contents” or whether decedent was owed $88,506 at the time of              
          her death for the loss of personal property.                                





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