- 75 - against assets, including insurance proceeds, to ascertain net assets. Concededly, a portion of the liability in Estate of Cartwright constituted an obligation to redeem stock being valued. Nonetheless, in contrast to the instant case, the buy- sell agreement in Estate of Cartwright had not been disregarded pursuant to section 20.2031-2(h), Estate Tax Regs., or section 2703; indeed, our principal task in Estate of Cartwright was to construe the terms of the buy-sell agreement, which was fully respected. Given the disregarded status of the buy-sell agreement at issue here, Estate of Cartwright has no application.38 Accordingly, we conclude that the $3,146,134 in insurance proceeds due BCC upon decedent’s death should be treated as a nonoperating asset of BCC and is not offset by BCC’s $4 million obligation to redeem decedent’s shares. E. Accounting for Insurance Proceeds Having established that the life insurance proceeds are a nonoperating asset that is not offset by BCC’s $4 million obligation to redeem decedent’s shares, we turn next to the 38 Moreover, the life insurance proceeds in Estate of Cartwright v. Commissioner, T.C. Memo. 1996-286, affd. in part and remanded in part 183 F.3d 1034 (9th Cir. 1999), were contractually earmarked and required to be paid over to the decedent’s estate. No such requirement existed in the instant case; BCC was free to use the insurance proceeds in any manner, though it in fact paid them over in partial satisfaction of its obligation to redeem decedent’s shares.Page: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
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