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Half of Mortgage Deductible
Decedent and his wife owned property as tenants by the entirety and were jointly and severally liable for a mortgage. The IRS concluded that one-half of the mortgage balance was deductible from Decedent's gross estate under §2053 for federal estate tax purposes. Since Decedent's interest in the home was a "qualified joint interest" under §2040(b), one-half of the property's value was includible in Decedent's gross estate. Citing Rev. Rul. 79-302, 1979-2 CB 328, the IRS ruled that one-half of the mortgage balance was deductible under §2053(a) for estate tax purposes.
Source: TAM 200104008
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