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section 20561 must be reduced to take into account the fee of the
personal representative.
The facts are fully stipulated. The stipulation of facts
and attached exhibits are incorporated by this reference.
Petitioner is the estate of John T. Sobota (decedent).
Decedent died testate on November 1, 1991. At the time of his
death, decedent was a citizen of the United States and domiciled
in Brown County, Wisconsin. T. J. Sobota (T. J.) is the duly
appointed and acting personal representative of the estate, who
resided at Madison, Wisconsin, at the time the petition was
filed. Petitioner timely filed a Federal estate tax return on
July 24, 1992.
Decedent's will was admitted to probate in Brown County,
Wisconsin. Under the terms of the will, decedent's wife, having
survived decedent, received the entire estate, including the
residue. The will further provided:
All of my funeral expenses, last illness expenses,
debts, and estate administration expenses shall be paid
from the residue of my estate * * *
On September 30, 1992, petitioner paid $62,000 to T.J. as a
personal representative's fee.
The income of the estate from its inception through
September 30, 1992, exceeded $105,000.
1 Unless otherwise indicated, all section references are to the
Internal Revenue Code in effect at the date of decedent's death,
and all Rule references are to the Tax Court Rules of Practice
and Procedure.
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