- 18 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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