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Old 06-01-2005, 10:04 AM
Drew Edmundson
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Default Re: Do Loans reduce the Estate value for estate tax purpose?

b3hks001[at]sneakemail.com wrote:

- quote -

> I know the estate value the properties at market value. But
> if a property has been collatorized for a loan (e.g.
> mortgage), is that property valued at the equity value
> (market value less loan amt.)
> How about non-collatorized loans (e.g. credit cards)? Are
> they deducted from the total estate value before tax is
> calculated?


Well you received three apparently different answers.
Perhaps the answers are more similar than they appear
because your question was vaguely worded (which is
understandable). See IRC 2031 and Reg. 20.2031-1 for the
general valuation rules for the *gross* estate. See IRC
2053(a)(4) regarding mortgages. 2053(a)(4) makes it clear
the gross estate is not reduced by the debts but the taxable
estate is reduced by the debts.

The concept is similar to "gross income" on your 1040 versus
"taxable income." While related the two are not usually the
same number.

Unsecured loans are allowed as a deduction by 2053(a)(3).

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  #2  
Old 05-27-2005, 05:09 AM
Mehrdad1
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Default Re: Do Loans reduce the Estate value for estate tax purpose?

No and No

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  #1  
Old 05-27-2005, 04:50 AM
D. Stussy
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Default Re: Do Loans reduce the Estate value for estate tax purpose?

0b3hks001[at]sneakemail.com wrote:

- quote -

> I know the estate value the properties at market value. But
> if a property has been collatorized for a loan (e.g.
> mortgage), is that property valued at the equity value
> (market value less loan amt.)
> How about non-collatorized loans (e.g. credit cards)? Are
> they deducted from the total estate value before tax is
> calculated?


Yes, liabilities are a valid deduction from gross estate to
arrive at taxable estate.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 05-27-2005, 04:50 AM
Drew Edmundson
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Posts: n/a
Default Re: Do Loans reduce the Estate value for estate tax purpose?

b3hks001[at]sneakemail.com wrote:

- quote -

> I know the estate value the properties at market value. But
> if a property has been collatorized for a loan (e.g.
> mortgage), is that property valued at the equity value
> (market value less loan amt.)
> How about non-collatorized loans (e.g. credit cards)? Are
> they deducted from the total estate value before tax is
> calculated?


The value is not directly reduced by the loan. The mortgage
is a deduction from the estate, the same as unsecured loans.
When determining the gross value of the estate for filing
requirement purposes the deductions are ignored.

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  #-1  
Old 05-24-2005, 01:55 PM
0b3hks001@sneakemail.com
Guest
 
Posts: n/a
Default Do Loans reduce the Estate value for estate tax purpose?

I know the estate value the properties at market value. But
if a property has been collatorized for a loan (e.g.
mortgage), is that property valued at the equity value
(market value less loan amt.)

How about non-collatorized loans (e.g. credit cards)? Are
they deducted from the total estate value before tax is
calculated?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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