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administration expenses, how much Trust B distributed to Trust C,
or whether the trust agreement required Trust B to distribute
those amounts. Id. at 345.
On remand, the issue for decision is whether it was
necessary for Trust B to hold Ripplestone after March 16, 1990,
to ensure that it could pay decedent's estate tax. We hold that
it was not. Thus, the expenses to maintain and sell Ripplestone
after March 16, 1990, were not necessary administration expenses.
We conclude that the estate may not deduct expenses to maintain
and sell Ripplestone after March 16, 1990.
The parties filed briefs and supplemental stipulations of
fact after the Court of Appeals for the Sixth Circuit remanded
this case. Petitioners asked for oral argument if we are
inclined to disallow the claimed deductions. We conclude that
oral argument is not necessary to decide the issue before us.
Unless otherwise noted, section references are to the
Internal Revenue Code in effect during the time relevant to this
case. Rule references are to the Tax Court Rules of Practice and
Procedure.
I. FINDINGS OF FACT
We incorporate by reference our findings of fact in Estate
of Millikin v. Commissioner, T.C. Memo. 1995-288, except for
those which the parties agree should be modified. Some
additional facts have been stipulated and are so found.
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