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facially reasonable. In re Goldstick, 581 N.Y.S.2d 165, 169
(App. Div. 1992); see also In re Estate of Gates, 503 N.Y.S.2d
161, 162-163 (App. Div. 1986) (allowing fees equal to 6 percent
of the gross estate); In re Kennedy's Estate, 290 N.Y.S.2d 964,
971 (Sur. Ct. 1968) (holding that fees equal to approximately 4
percent of the gross estate are presumptively reasonable); In re
Kentana's Estate, 10 N.Y.S.2d 811, 812 (Sur. Ct. 1939) (observing
that reasonable compensation will ordinarily approximate between
5 percent of the gross estate and a single executor's
commission).
Second, HBW's experience, ability, and reputation were
excellent. HBW was highly regarded in the local community for
its expertise in trust and estate matters. The partner in charge
of administering the estate, Mr. Oddleifson, was an experienced
and well-respected attorney.
Third, the services rendered by HBW benefitted the estate by
obtaining favorable results. Mr. Baird testified that HBW "has
done a very good job" representing petitioner, and we have no
reason to conclude otherwise. Respondent contends that the
estate did not benefit from HBW's services, because the
litigation relating to the deductibility of HBW's fees delayed
the closing of the estate. We reject this contention.
Contesting an estate tax deficiency directly benefits the estate,
because the estate's tax burden may be reduced.
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