Estate of Howard Gilman, Deceased, Bernard D. Bergreen and Natalie Moody, Executors - Page 25

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          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 was                 






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