- 12 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011