Estate of Clara D. Baird, Deceased, Fleet Trust Company, William C. Baird, and Barbara B. Groetzinger, Co-Executors - Page 11

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          administration, or taxes, to preserve the estate, or to effect              
          distribution."  Sec. 20.2053-3(d)(2), Estate Tax Regs.; see also            
          Estate of Posen v. Commissioner, 75 T.C. 355, 359 (1980).                   
               Respondent contends that the fees relating to 30 hours of              
          work performed in connection with the sale of decedent's                    
          residence are not deductible, because the sale was not necessary            
          for the administration of the estate.  Petitioner concedes that             
          these services were included in the fees.  Decedent's residence             
          was specifically devised to Ms. Groetzinger, and it was not                 
          necessary to sell the residence to effect the distribution.                 
          There were sufficient liquid assets in the estate to pay the                
          decedent's debts.  The sale of the residence was for the sole               
          benefit of Ms. Groetzinger and not the estate.  Accordingly, we             
          hold that the fees relating to the sale of decedent's residence             
          are not deductible.                                                         
               Respondent also contends that the fees relating to 11 hours            
          of work performed to obtain advance payment of executor's                   
          commissions for Mr. Baird and Ms. Groetzinger are not deductible,           
          because the advance commissions were not necessary for the                  
          administration of the estate.  Petitioner concedes that these               
          services were included in the fees.  The petition filed on behalf           
          of Mr. Baird and Ms. Groetzinger to the Monroe County Surrogate's           
          Court requesting the advance payment of commissions provides that           
          the executors needed the commissions for personal reasons (i.e.,            
          to prevent them from experiencing difficulty in "the management             




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