- 44 - 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 Respondent contends that the BLA was superseded by the LKHP partnership agreement, and the estate argues that the subject matter of each agreement was separate.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 thePage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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