- 29 - 8. Whether the Estate Established Its Illiquidity After January 2004 As part of the restructuring, the estate received $143 million in notes (subordinated to the $250 million line of credit) from subsidiaries of Gilman Building Products and from Gilman Paper Co.’s railroad. All of the notes were due January 31, 2004, after the record closed in this case. The $38 million Farm Credit loan was made in October 2002, with repayment to be completed in 10 years. The estate contends that it was financially protected by the notes. The estate does not contend, and the record does not show, that the obligors would refuse to make arrangements to fulfill their obligation to repay the $143 million in notes in 2004, or that the estate lacked legal recourse if HG refused to do so. Respondent argued in the opening brief that the estate could have paid its taxes and expense from repayment of the $143 million in notes. The estate did not respond to this argument. We cannot conclude on this record that the estate needed to borrow funds past January 31, 2004. Thus, we conclude that interest accruing after that date on the Farm Credit loan is not deductible. 9. Conclusion We accept as reasonable the decision of the executors to implement the restructuring and to borrow funds for a short period to pay estate taxes. However, we also conclude that thePage: 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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