Estate of Winifred Hughes, Deceased, Dean McBride, Executor and Trustee - Page 10

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                                       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.  The                 






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