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over $1.4 million to her father, but with the full expectation
that he would immediately lend $1 million to a special trust for
Kimberly’s benefit. Kimberly died before she needed the money,
and the major question presented in this case is whether the $1
million is deductible from the taxable value of her estate as a
debt incurred on a bona fide loan.
Background
Kimberly Hicks was born on July 1, 1987. She lived with her
parents, Clyde and Theresa, who were both guards at an Ohio
women’s prison. In April 1990, her mother was driving the family
minivan when it collided with a Conrail locomotive engine, and
then with a car driven by a man named Swank. The accident left
Kimberly a quadriplegic, dependent on a ventilator to breathe,
and in need of constant medical attention for the rest of her
life. Theresa Hicks and her other daughter both suffered only
minor injuries.
The Hickses hired a lawyer, and the Probate Court for Union
County (the county in central Ohio where the Hickses lived at the
time of the accident and when the petition was filed) appointed
Society National Bank as guardian for the estates of both
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