- 6 - additional administration expenses, such as executor’s commissions, legal fees, accounting fees, bookkeeping fees, and expenses relating to sales of art necessary to raise cash for the payment of taxes and other art-related expenses. Executor alleges that he cannot currently pay Decedent’s gift taxes because the estate is short on cash, and the estate will have to consummate a “substantial transaction” in order to pay Decedent’s gift taxes.3 Executor alleges that he cannot sell the estate’s assets in the near future because he will receive less than fair value. Executor relies primarily on Estate of Bailly v. Commissioner, 81 T.C. 246, supplemented by 81 T.C. 949 (1983), in support of his motion. Executor also asserts that the Court will be minimally inconvenienced by holding the record open for the requested period of time. We disagree with Executor’s arguments, and we find his reliance misplaced. First, Estate of Bailly is clearly distinguishable on its facts. In that case, the Commissioner had no objection to a deferral of the decision, whereas here the 2(...continued) the artist in a variety of price levels; and it is in the enviable position of being capable of presenting for sale to experienced collectors and museums examples of the most highly recognizable and prized sculptures of her career, as well as more modestly valued works that are attractive to beginning collectors and smaller museums. 3 Executor also claims that Decedent’s Federal gift taxes remain unpaid because he has yet to receive a bill from the Internal Revenue Service. We give this argument little regard.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011