Estate of Louise Nevelson, Deceased, Mike Nevelson, Executor - Page 6

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            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.                            


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