-55- 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.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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