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