Estate of Clara D. Baird, Deceased, Fleet Trust Company, William C. Baird, and Barbara B. Groetzinger, Co-Executors - Page 10

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          already had control in an investment management account of most             
          of decedent's assets.  In addition, the estate primarily                    
          consisted of marketable securities that were converted almost               
          immediately into cash or cash equivalents.                                  
               Third, the fees requested by HBW were fixed and not                    
          contingent on the results produced.  Contingency fee arrangements           
          are rarely used, however, for services related to estate                    
          administration.  Moreover, given the size and liquidity of the              
          estate, the collectibility of HBW's fees was never an issue.                
               After a review of all the factors, we conclude that the                
          $368,100 in attorney's fees is reasonable under New York law.               
          Accordingly, we hold that the attorney's fees are allowable under           
          local law.  We next determine whether the fees are allowable                
          under the regulations.                                                      
          II. The Regulations                                                         
               The regulations provide the following requirements for the             
          deduction of administration expenses:                                       
               The amounts deductible * * * are limited to such                       
               expenses as are actually and necessarily incurred in                   
               the administration of the decedent's estate * * *.  The                
               expenses contemplated in the law are such only as                      
               attend the settlement of an estate and the transfer of                 
               the property of the estate to individual beneficiaries                 
               * * *.  Expenditures not essential to the proper                       
               settlement of the estate, but incurred for the                         
               individual benefit of the heirs, legatees, or devisees,                
               may not be taken as deductions.  * * * [Sec. 20.2053-                  
               3(a), Estate Tax Regs.]                                                
          "Expenses for selling property of the estate are deductible if              
          the sale is necessary to pay the decedent's debts, expenses of              




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