Estate of John T. Sobota, Deceased, T.J. Sobota, Personal Representative - Page 9

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               In sum, since the personal representative's fee is to be               
          paid from the residue, which is principal of the estate, such               
          payment reduces the marital deduction under section 2056.  See              
          Estate of Fine v. Commissioner, 90 T.C. 1068 (1988), affd.                  
          without published opinion 885 F.2d 879 (11th Cir. 1989) (marital            
          deduction is reduced where administration expenses are paid from            
          the residuary estate under the terms of the will); Estate of                
          Dawson v. Commissioner, 62 T.C. 315 (1974) (marital deduction is            
          reduced where administration expenses are paid from the residue             
          on the basis of state law); Estate of Roney v. Commissioner, 33             
          T.C. 801 (1960), affd. per curiam 294 F.2d 774 (5th Cir. 1961)              
          (same); Empire Trust Co. v. United States, supra.                           
               Petitioner's reliance on Estate of Hubert v. Commissioner,             
          supra, and Estate of Allen v. Commissioner, 101 T.C. 351 (1993),            
          is misplaced.  Both those cases involved will and statutory                 
          provisions pursuant to which administration expenses were to be             
          paid out of income.  By way of contrast, the foundation of our              
          conclusion herein is that the will and statutory provisions                 
          mandated that such expenses be paid out of principal.  Thus,                
          Estate of Hubert and Estate of Allen are clearly distinguishable.           
          Estate of Street v. Commissioner, 974 F.2d 723 (6th Cir. 1992),             
          affg. in part, revg. in part, and remanding T.C. Memo. 1988-553,            









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