Estate of Constance R. Grant - Page 29




                                        - 29 -                                         

          amounts of $1,388 and $4,332 determined under Md. Code Ann., Est.            
          & Trusts, sec. 14-103(c) and (e), or total trustees’ commissions             
          of $5,720 which includes the $2,203 of trustees’ fees allowed by             
          respondent in the notice.  On the record before us, we find that             
          the estate has failed to show that it is entitled under section              
          2053(b) to deduct trustees’ commissions or fees determined under             
          Md. Code Ann., Est. & Trusts, sec. 14-103(c) and (e) in excess of            
          that total amount (i.e., the total of $1,388 and $4,33212 under              
          those respective provisions of Maryland law).                                
               We turn now to the $23,828 of miscellaneous administration              
          expenses that the estate claimed in Schedule L and that remain in            
          dispute.13  Those expenses may be broken down into the following             
          broad categories of expenses, which were claimed for the purposes            
          alleged in Schedule L and enumerated in that schedule as the                 
          following items of expense:  (1) Items 4 and 5:  travel expenses             


               12Respondent apparently calculated the amount of trustees’              
          commissions allowable under Md. Code Ann., Est. & Trusts, sec.               
          14-103(e) as $4,332 by multiplying one-half of one percent times             
          $866,330, which was the value of decedent’s nonprobate assets as             
          determined by the Register of Wills, Montgomery County, Maryland,            
          in calculating inheritance tax due to Maryland.  The estate                  
          calculated the amount of trustees’ commissions allowable under               
          Md. Code Ann., Est. & Trusts, sec. 14-103(e) as $4,327 by multi-             
          plying the value of decedent’s nonprobate property that was                  
          included in the estate tax return in decedent’s gross estate                 
          (i.e., $865,480) times one-half of one percent.  We shall accept             
          respondent’s concession in the estate’s favor that the estate is             
          entitled under sec. 2053(b) to deduct $4,332 as trustees’ commis-            
          sions under Md. Code Ann., Est. & Trusts, sec. 14-103(e).                    
               13See supra note 5.                                                     





Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011