Estate of Winifred Hughes, Deceased, Dean McBride, Executor and Trustee - Page 18

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         having reasonable knowledge of relevant facts.’”  United States              
         v. Cartwright, 411 U.S. 546, 551 (1973) (quoting section                     
         20.2031-1(b), Estate Tax Regs.).  The fair market value of a note            
         is generally the amount of the unpaid principal, plus interest               
         accrued to the date of a decedent’s death, unless the executor               
         establishes that the value is lower or that the note is                      
         worthless.  Sec. 20.2031-4, Estate Tax Regs.  The fair market                
         value of the accrued interest is the amount of unpaid accrued                
         interest as of the date of decedent’s death unless the executor              
         establishes a lower value.  See id.                                          
              Respondent contends that decedent’s estate includes $21,782             
         of accrued interest owed by Advance Leasing because:  (1) Advance            
         Leasing could have used the $400,000 to pay $21,782 of accrued               
         interest; or (2) decedent could have reduced the $400,000 owed               
         under the stock subscription agreement note against the $21,782.             
         We disagree.  We believe that the fair market value of the                   
         accrued interest is zero because:  (1) Advance Leasing was                   
         insolvent;12 and (2) we do not believe that a willing buyer with             
         knowledge of Advance Leasing’s financial situation would pay any             
         amount for the $21,872 of accrued interest owed by Advance                   
         Leasing.  We conclude that the $21,782 of accrued interest had no            


               12  Respondent acknowledges that Advance Leasing was                   
          insolvent and that its liabilities exceeded its assets during               
          1999.                                                                       





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