- 25 - the foundation), testified that the estate borrowed funds because it and the Gilman businesses were illiquid. Respondent contends that the executors’ decision to transfer most of the estate’s assets to HG and its subsidiaries on January 14, 1999, caused the estate’s illiquidity. We disagree. The executors’ decision to restructure did not cause the estate’s illiquidity; the estate was illiquid both before and after the executors transferred estate assets to HG and its subsidiaries. 5. Whether the Estate May Deduct Interest on a Loan That Could Have Been Avoided If the Estate Had Sold Illiquid Assets To Pay Its Taxes and Expenses Respondent contends that the interest on the Farm Credit loan was not incurred out of necessity within the meaning of section 20.2053-3(a), Estate Tax Regs., because the executors could have avoided borrowing the funds by selling enough assets to pay the estate taxes and administration expenses. We disagree. The executors acted reasonably in transferring property to HG and its subsidiaries on the basis of advice they had received that the restructuring would save the estate $160 million in tax. See Beard v. Commissioner, 4 T.C. 756, 758 (1945); Hobby v. Commissioner, 2 T.C. 980, 985 (1943); Tully Trust v. Commissioner, 1 T.C. 611, 620 (1943) (taxpayer’s bona fide sales to third persons for sole purpose of reducing his or her tax liability was for legitimate business purpose; taxpayer wasPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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