Estate of Clara D. Baird, Deceased, Fleet Trust Company, William C. Baird, and Barbara B. Groetzinger, Co-Executors - Page 5

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          April 30, 1993.  This included approximately 30 hours of work               
          performed in connection with the sale of decedent's residence               
          which was specifically devised to Ms. Groetzinger.  Also included           
          was approximately 11 hours of work performed to obtain advance              
          payment of executor's commissions of $184,500 each to Mr. Baird             
          and Ms. Groetzinger.  On May 24, 1993, the Monroe County                    
          Surrogate issued a Decree of Judicial Settlement allowing the               
          entire $368,100 in requested attorney's fees.                               
               On January 17, 1995, a statutory notice of deficiency was              
          timely mailed to petitioner.  Respondent disallowed $265,600 of             
          petitioner's claimed deduction for attorney's fees.                         
               As of May 30, 1996, HBW had performed 555.7 hours of work on           
          behalf of the estate.  This amount included 269 hours devoted to            
          the controversy with the Internal Revenue Service over the                  
          subject matter of this case.                                                
                                       OPINION                                        
               Section 2053(a)(2) allows a deduction from the gross estate            
          for administration expenses.  Administration expenses include               
          attorney's fees.  Sec. 20.2053-3(a), Estate Tax Regs.  To be                
          deductible under section 2053(a)(2), the administration expense             
          must be allowable under (1) local law and (2) the regulations.              
          Estate of Reilly v. Commissioner, 76 T.C. 369, 372 (1981); Estate           
          of Smith v. Commissioner, 57 T.C. 650, 661 (1972), affd. 510 F.2d           
          479 (2d Cir. 1975); Estate of Love v. Commissioner, 923 F.2d 335,           
          337-338 (4th Cir. 1991), affg. T.C. Memo. 1989-470.  Petitioner             




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