- 10 - OPINION A. Whether $400,000 Is Deductible Under Section 6653(a)(1) as a Claim Against Decedent’s Gross Estate Based on the $400,000 Promissory Note 1. Deductibility of Claims Against an Estate Tax may be imposed on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States. Sec. 2001(a). The decedent’s taxable estate is the value of the decedent’s gross estate reduced by various deductions. Sec. 2051. One of those deductions is for claims against the estate that are enforceable under State law. Sec. 2053(a)(3); Propstra v. United States, 680 F.2d 1248, 1254-1255 (9th Cir. 1982). An estate may deduct the value of a claim based on a decedent’s promise to pay only if the liability was contracted bona fide and for full and adequate consideration in money or money’s worth. Sec. 2053(c)(1)(A); Estate of Scholl v. Commissioner, 88 T.C. 1265, 1279 (1987); Estate of Davis v. Commissioner, 57 T.C. 833, 835 (1972). This requirement prevents an individual from reducing her or his taxable estate through transactions that are in substance gifts. Commissioner v. Porter, 92 F.2d 426, 428 (2d Cir. 1937), affg. 34 B.T.A. 798 (1936). 2. The Estate’s Contentions The estate contends that the estate may deduct $400,000 on the basis of its obligation to pay the promissory note. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011