Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 55

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               collection of assets, payment of debts, and distribution of            
               property to the persons entitled to it. * * *.  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.  Administration           
               expenses include * * * miscellaneous expenses. * * *                   

               Thus, for the expense to be deductible, the regulations                
          require that in addition to the expense's being allowable under             
          the state law under which the estate is being administered, it              
          must also be "necessarily incurred" in the administration of the            
          decedent's estate.                                                          
               The Federal Courts of Appeals are split over whether this              
          additional requirement is consistent with the statutory directive           
          to follow State law.  See Estate of Papson v. Commissioner, 73              
          T.C. 290, 299 n.9 (1979), and the authorities cited therein.  In            
          Marcus v. DeWitt, 704 F.2d 1227, 1229-1230 (11th Cir. 1983), the            
          Court of Appeals for the Eleventh Circuit, the court to which an            
          appeal in this case would lie, citing Pitner v. United States,              
          388 F.2d 651, 659 (5th Cir. 1967),21 stated that the law is well            
          established for the Eleventh Circuit that the State probate court           
          determination is not conclusive of whether an administration                
          expense is allowable for purposes of the Federal estate tax                 
          deduction.  Accordingly, in resolving this issue, we shall                  




               21   See supra note 11.                                                




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