Marital Trust Assets Valued Without Deduction for Claims Against Trustee.

The Ninth Circuit, affirmed a Tax Court ruling, by holding that the value of three marital trusts created under the will of the decedent’s husband, were calculated without consideration of claims against the decedent for breach of fiduciary duty in litigation in transactions involving loans, and also valued claims held by the decedent’s estate for malpractice against her former attorney and breach of fiduciary duty by her former trustee. Estate of Foster v. Comm’r, ___ Fed.Appx. ___, 2014 WL 1229928 (9th Cir. March 26, 2014).