- 5 - 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. PetitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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