Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 66

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          The $100,000 Alleged-Debt Deduction                                         
               Petitioner deducted $100,000 from the gross value of the               
          estate for alleged debts of decedent for which there was no                 
          evidence of indebtedness.  Furthermore, the return disclosed a              
          deduction for a debt of only $50,000.  The disclosure exception,            
          therefore, could apply to only $50,000 of alleged debt.                     
               The disclosure exception does not apply where the taxpayer             
          fails to keep adequate books and records or to substantiate items           
          properly.  Jack is a cotrustee of the JKH Trust and was the                 
          attorney and agent of decedent.  He had a fiduciary duty to both            
          parties, yet he maintained essentially no records.  He was unable           
          to present records of either decedent or the JKH Trust that would           
          support petitioner's position that decedent entered into a bona             
          fide creditor-debtor relationship with the JKH Trust at the time            
          of the transfers at issue.                                                  
               We hold, therefore, that petitioner is liable for the                  
          accuracy-related penalty for the portion of any understatement of           
          the tax required to be shown on the return with respect to its              
          position on the reduction of the gross value of decedent's estate           
          for the $100,000 of alleged debt.                                           
          The Deduction for Maid Service                                              
               Petitioner deducted $20,501 as an administration expense for           
          the maintenance of property prior to its distribution where the             
          facts show that the expense inured to the benefit of the heirs              
          and was not properly deductible as an expense of administration.            



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