- 2 - SUPPLEMENTAL MEMORANDUM FINDINGS OF FACT AND OPINION COLVIN, Judge: Respondent determined that the Estate of Marguerite S. Millikin (the estate) has an estate tax deficiency of $682,367 and that the Severance A. Millikin Trust B (Trust B) is liable for a generation-skipping transfer tax of $67,529. As then required by Estate of Park v. Commissioner, supra, we applied Ohio law to decide whether petitioners1 could deduct expenses for Federal estate tax purposes. Estate of Millikin v. Commissioner, T.C. Memo. 1995-288. We held that the estate could deduct costs until March 16, 1990, to maintain Ripplestone, a 150-acre estate that had been decedent's home, but that it could not deduct costs to maintain or sell Ripplestone after March 16, 1990. The estate and Trust B appealed. The Court of Appeals for the Sixth Circuit overruled its opinion in Estate of Park v. Commissioner, supra, and held that the estate must satisfy both the Secretary's estate tax regulations and Ohio law to deduct costs of maintaining and selling Ripplestone. Estate of Millikin v. Commissioner, 125 F.3d at 344-346. The Court of Appeals for the Sixth Circuit did not decide whether the expenses to keep and sell Ripplestone after March 16, 1990, were necessary 1 References to petitioners are to the estate and its executor and to Trust B and its trustee. References to decedent are to Marguerite S. Millikin.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011