Estate of Hon Hing Fung, Deceased, Bernard Fung, Executor - Page 16




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          operate to restrict the remedies available to a lender.  Id.  The           
          taxpayer argued that since the value of the residence exceeded              
          the amount of the debt, the estate would not be liable for the              
          encumbrances under the one action rule.  Id.  The Commissioner,             
          on the other hand, contended “that the estate is at least                   
          potentially liable on the encumbrances, and therefore, the full             
          value of decedent’s interest in the residence is includable in              
          the gross estate”.  Id.  We held for the Commissioner.  Id.                 
               Given the foregoing, we are unable to agree with the estate            
          that decedent’s express legal liability on his own interest in              
          the disputed property may be disregarded in applying section                
          20.2053-7, Estate Tax Regs.  Both the subject promissory note and           
          State law afforded the lender a choice of remedies, one of which            
          included the imposition of personal liability.  Yet the estate              
          asks us to eliminate one of those alternatives on mere                      
          generalities and assumptions regarding creditor preference.  We             
          decline to do so.  We hold that the full value of decedent’s                
          interest in the Monte Vista property must be included as part of            
          his gross estate, with a corresponding deduction allowed to the             
          extent permitted by the Internal Revenue Code.                              
          III.  Extent of Entitlement to Marital Deduction                            
               Section 2056(a) authorizes a deduction from the gross estate           
          of “an amount equal to the value of any interest in property                
          which passes or has passed from the decedent to his surviving               






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