Estate of Lea K. Hillgren, Deceased, Mark Hillgren, Executor - Page 44

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          personally to guarantee the Puccio and Safeco loans; (3) a loan             
          agreement where Hillgren extended a $1 million line of credit to            
          decedent; and (4) a security agreement encumbering the three                
          Orange County properties, giving Hillgren the authority, for                
          29 years, to determine whether to sell any of the four properties           
          subject to the BLA and to grant an irrevocable power of attorney            
          to Hillgren for the duration of the ownership of the properties.            
          Because Hillgren had performed under the agreement, he was                  
          entitled to be compensated under it, regardless of the death of             
          decedent.  We agree with the estate’s analysis.                             
               Respondent contends that the BLA was superseded by the LKHP            
          partnership agreement, and the estate argues that the subject               
          matter of each agreement was separate.  We have decided that the            
          partnership agreement was not respected by decedent or Hillgren             
          and will be disregarded.  The BLA, however, had apparent business           
          purposes.  Moreover, a hypothetical buyer would not disregard or            
          ignore the BLA.  See Estate of Newhouse v. Commissioner, supra at           
          231; Estate of Hall v. Commissioner, supra at 338-339.  As a                
          result, we value the University property and the Orange County              
          properties subject to the effect of the BLA.                                
               The Higgins appraisal attached to the estate tax return                
          assumed, based on Albrecht’s erroneous instructions, that                   
          Hillgren held a 25-percent operational interest and a .05-percent           
          profit interest.  The Higgins appraisal essentially used the                






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