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 20

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                  Petitioners point out that it was highly likely that the                              
            estate would be audited.  However, under the circumstances of                               
            this case, this does not mean that it is likely that the estate                             
            would be liable for more estate taxes than it reported and paid.                            
                  We conclude that the estate did not face a significantly                              
            larger tax liability than it and Trust B had paid.                                          
                  Petitioners contend that Estate of Papson v. Commissioner,                            
            73 T.C. 290 (1979), establishes that the estate can deduct the                              
            expenses of maintaining and selling Ripplestone after March 16,                             
            1990.  We disagree.                                                                         
                  In Estate of Papson v. Commissioner, supra, we held that an                           
            estate may deduct as an administration expense under section                                
            2053(a)(2) the commission paid to a broker to obtain a                                      
            replacement tenant in a shopping center owned by the estate.  The                           
            primary tenant had left the shopping center after filing for                                
            bankruptcy.  The estate in that case was unable to pay estate                               
            taxes partly because the primary tenant had left.  We held that                             
            the estate could deduct the cost of replacing the bankrupt tenant                           
            because otherwise the estate could not pay the estate taxes.                                
                  In contrast, here, the value of Ripplestone was less than                             
            the estate had reported, and the estate overpaid estate taxes.                              
            Estate of Papson v. Commissioner, supra, does not help                                      
            petitioners.                                                                                







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