- 21 -21 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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