Estate of Harter v. Commissioner

OPINION.

Leech, Judge:

In determining the deficiency respondent has treated the items in controversy as if petitioner were claiming them as deductions representing claims against the estate of the decedent allowable under section 812 (b) (3), of the Internal Revenue Code, supra. He disallowed those evidenced by unpaid notes held by decedent’s children by applying the limitation of that section to claims “for an adequate and full consideration in money or money’s worth.” The others he disallowed upon the ground that they represent not claims against decedent’s estate, but against the trust…