- 47 -
1985, were all resolved, save one, in the Second Stipulation
filed November 26, 1993. Those were simple, uncomplicated issues
that could not have required a great amount of legal services to
resolve them.
The only issue that remained for decision on November 26,
1993, was the claimed theft loss deduction first raised by
Tupitza in 1992.
In the Second Stipulation filed November 26, 1993, the
parties also informed the Court:
5. Additional Decrease Which Depends on
Substantiation By the Petitioner
The parties agree that the taxable estate as
tentatively agreed in the amount of $1,328,614.69 has
been determined without allowance for the following
item which is claimed as a deduction by the petitioner
and has not been allowed by the Commissioner:
A deduction in the amount of $43,516.25 for
fees billed by the law firm of Tupitza and
Marinelli.
The Petitioner claims that such amount is deductible as
attorney fees, as provided in section 20.2053-3(c) of
the Estate Tax Regulations.
The Respondent argues that such amount would be
deductible if the Petitioner furnishes substantiation
that the amount claimed has been paid or will be paid,
and has not been claimed on Form 1041. Such
substantiation may be provided by the use of Form 4421.
From November 1993 to December 1994, the Tupitza firm billed
the estate approximately $149,500 (Total Bill - $193,004.4313 -
13 Exh. 47.
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