-58- 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.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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