Estate of Marguerite S. Millikin, Deceased, Quentin Alexander, Executor, and Severance A. Millikin Trust B, Society National Bank, F.K.A. Ameritrust Company, Trustee - Page 12

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            gross estate, (b) the estate paid the costs at issue, and (c) the                           
            costs would be deductible under section 2053(a)4 if Ripplestone                             
            were a probate asset.  Sec. 2053(b); Estate of Millikin v.                                  
            Commissioner, 125 F.3d at 342.  Ripplestone is included in the                              
            gross taxable estate and the estate paid the costs at issue.                                
            Estate of Millikin v. Commissioner, 125 F.3d at 342.  Thus,                                 
            petitioners may deduct the costs of maintaining and selling                                 
            Ripplestone if those costs would be deductible under section                                
            2053(a) assuming that Ripplestone were a probate asset.                                     
                  Petitioners contend that the costs at issue would be                                  
            deductible as administration expenses under section 2053(a)(2)                              
            and (b) if Ripplestone were a probate asset.  An expense is                                 
            deductible under section 2053(a)(2) and (b) if it is both (1) an                            


                  4 Sec. 2053(a) provides:                                                              
                        (a) General Rule.--For purposes of the tax imposed                              
                  by section 2001, the value of the taxable estate shall                                
                  be determined by deducting from the value of the gross                                
                  estate such amounts--                                                                 
                              (1) for funeral expenses,                                                 
                              (2) for administration expenses,                                          
                              (3) for claims against the estate, and                                    
                              (4) for unpaid mortgages on, or any indebtedness                          
                        in respect of, property where the value of the                                  
                        decedent's interest therein, undiminished by such                               
                        mortgage or indebtedness, is included in the value of                           
                        the gross estate,                                                               
                  as are allowable by the laws of the jurisdiction, whether                             
                  within or without the United States, under which the estate                           
                  is being administered.                                                                







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