Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 58

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          remaining in the condominium "just so that it didn't crack", and            
          to do "whatever was needed to maintain the property."                       
               On the Form 706, petitioner declared that the fair market              
          value of decedent's furniture and other personal property at the            
          date of her death was $18,330.22  Item Three of Decedent's will             
          provided that "All my household furniture and furnishings,                  
          objects of art, silverware, jewelry, clothing, and other such               
          personal effects * * * I give and bequeath to my children who               
          survive me, to be divided as my Executor shall determine."                  
               Therefore, petitioner has attempted to deduct the expense of           
          preserving furniture that decedent bequeathed to her children.              
          Petitioner offered no evidence of any impediment to the immediate           
          distribution of decedent's furniture.                                       
               On the basis of the evidence presented, we find that a                 
          portion of the expense claimed as a deduction for the maintenance           
          of the real property was actually for the maintenance of                    
          decedent's personal property bequeathed to her children.  Thus,             
          the claimed expense is not deductible, because it inures to the             
          individual benefit of the heirs, legatees, or devisees.                     




               22   The following property, and its value, were listed on             
          Schedule F of the Form 706:  Bedroom furniture and decorations,             
          $10,440; Living room furniture, $4,850; Decorations, $1,540; and            
          Other personal property, $1,500.  Petitioner conceded the value             
          of the Other personal property was actually $15,000, and that               
          reporting it at the lower value was the result of a typographical           
          error.                                                                      




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