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for deciding the Federal estate tax consequences thereof.
Helvering v. Stuart, 317 U.S. 154, 162 (1942); Greene v. United
States, 476 F.2d 116, 117-118 (7th Cir. 1973); Estate of
Richardson v. Commissioner, 89 T.C. 1193, 1201 (1987).2 We apply
Wisconsin law as announced by the Supreme Court of Wisconsin, or,
if there is no decision by that highest court, we apply what we
conclude that court would decide, giving proper regard to the
decisions of other courts of the State. Commissioner v. Estate
of Bosch, 387 U.S. 456, 465 (1967).
Wisconsin Statutes Annotated, section 701.20(5) (West 1981),
provides:
* * * (a) Unless the will otherwise provides * * *
administration expenses shall be charged against the
principal of the estate.
(b) Unless the will otherwise provides, income
from the assets of a decedent's estate after the death
of the decedent and before distribution, including
income from property used to discharge liabilities,
legacies and devises, shall be determined in accordance
with the rules applicable to a trustee under this
section and distributed as follows:
1. To legatees and devisees of specific property
other than money, the income from the property
2 There is a suggestion in the opinion of the Court of Appeals
for the Sixth Circuit in Estate of Street v. Commissioner, 974
F.2d 723, 728 (6th Cir. 1992), affg. in part, revg. in part, and
remanding T.C. Memo. 1988-553, that the question of chargeability
of administration expenses is one of Federal not State law, and
that sec. 20.2056(b)-4(a), Estate Tax Regs., controls "regardless
of state law or the dictates of decedent's will". This
suggestion is contrary to the decided cases and particularly to
the view we expressed in Estate of Hubert v. Commissioner, 101
T.C. 314 (1993), affd. 63 F.3d 1083 (11th Cir. 1995), cert.
granted 517 U.S. , 116 S. Ct. 1564 (1996).
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