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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.
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