Estate of Edna Pearce Lockett Deceased, David F. Lanier, Personal Representative - Page 21

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             included in the value of the gross estate.  Sec. 2036(a); see                                        
             Burrow Trust v. Commissioner, supra at 1087-1088.  Petitioner                                        
             filed the estate tax return on February 17, 1992.  Respondent                                        
             issued a notice of deficiency on February 3, 1995, and a petition                                    
             was timely filed on May 1, 1995, thereby suspending the period of                                    
             limitations for assessment.  All expenses of operating the cattle                                    
             ranch after decedent's death were therefore paid prior to the                                        
             expiration of the period of limitations for assessment under                                         
             section 6501.  See Rev. Rul. 61-59, 1961-1 C.B. 418; cf. Gillum                                      
             v. Commissioner, T.C. Memo. 1984-631.8  Consequently, the only                                       
             question remaining in determining whether the expenses are                                           
             deductible under section 2053(b) is whether they satisfy the                                         
             requirements of section 2053(a).                                                                     
                    Section 2053(a) requires that the deduction be allowable by                                   
             the laws of the jurisdiction under which the estate is being                                         
             administered.  The relevant regulations further require that                                         
             deductions for administration expenses be "limited to such                                           
             expenses as are actually and necessarily incurred in the                                             
             administration of the decedent's estate".  Sec. 20.2053-3(a),                                        
             Estate Tax Regs.  This Court and the Court of Appeals for the                                        

                    8 Regardless of petitioner's having filed a petition in this                                  
             Court, the period of limitations for assessment was also extended                                    
             by petitioner's election under sec. 6166 to pay the estate tax in                                    
             10 equal installments.  Sec. 6503(d).  Under the election, the                                       
             first installment was due on Feb. 17, 1997.  All the expenses of                                     
             operating the cattle ranch were incurred between the date of                                         
             decedent's death and Apr. 30, 1996.  The latter date was prior to                                    
             the expiration of the period of limitations for assessment, as                                       
             extended by the sec. 6166 election.                                                                  


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