Estate of Howard Gilman, Deceased, Bernard D. Bergreen and Natalie Moody, Executors - Page 29

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               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 the             





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