- 24 -24 continued to engage in mining activities. The Court considered whether the expenses of carrying on mining activities were deductible as administration expenses. Because of the difficulty in ascertaining the nature of the assets in the estate, and because of the difficulty in expeditiously disposing of the bulk of the assets, the Court found that the expenses were incurred in connection with the protection or preservation of the estate. We are convinced that the Trust's continuation of the ranching business was necessary for the preservation of the estate and was a necessary step in liquidating the estate's assets. The experts consulted by Messrs. Lanier and Pearce unanimously recommended that, in order to preserve value of the land, the cattle on the ranch not be sold. Mr. Malone, an employee of the Water District, which had no interest in the outcome of this issue, similarly testified that the Fishbranch land would be likely to revert to muck and swamp if the cattle grazing on it were sold. We also acknowledge the trustee's difficulty in disposing of Fishbranch after its lack of access was revealed, which further prevented its expeditious sale, and the fact that the value of the Fishbranch parcel remaining after the first Fishbranch sale, when the cattle finally were sold, did depreciate in value, as compared with the price obtained on the first Fishbranch sale. We therefore hold that the expensesPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011