Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix - Page 44

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               Section 2053(a)(2) provides for the deduction from the value           
          of the gross estate of such amounts for administrative expenses             
          "as are allowable by the laws of the jurisdiction * * * under               
          which the estate is being administered".  Administrative fees               
          include attorney's fees.  The amount claimed must be actually and           
          necessarily incurred in the administration of the estate and must           
          be reasonable.  Sec. 20.2053-3, Estate Tax Regs.                            
               Under Pennsylvania law, the Orphans' Court is the Court that           
          reviews the validity of and the reasonableness of administrative            
          fees.  When the fees of counsel are brought before the Orphans              
          Court for review, it is a function of the court to decide what is           
          a reasonable and just compensation under all the circumstances.             
          Crawford's Estate, 307 Pa. 102, 111, 160 A. 585, 588 (1931).                
          Factors to be considered are the size of the estate, the novelty            
          and difficulty of the questions involved, the extent of counsel's           
          labor on the case and the time the labor required, the                      
          responsibility assumed by counsel and his professional standing.            
          Warden Estate, 348 Pa. 224, 225, 35 A.2d 297, 298 (1944).                   
               Respondent contends that the attorney's fees that the estate           
          seeks to deduct for payments made to the Tupitza law firm are               
          unreasonable.                                                               
               The Orphans' Court has not been asked to pass upon the                 
          reasonableness of the Tupitza law firm's attorney's fees, and it            
          falls upon us to make the determination.                                    






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