- 21 - amounts deductible from a decedent's gross estate as 'administration expenses' * * * are limited to such expenses as are actually and necessarily incurred in the administration of decedent's estate; that is, in the collection of assets, payment of debts, and distribution of property to the persons entitled to it. * * * Expenditures not essential to the proper settlement of the estate, but incurred for the individual benefit of the heirs, legatees, or devisees, may not be taken as deductions. Administration expenses include (1) executor's commissions; (2) attorney's fees; and (3) miscellaneous expenses. [Emphasis added.] In defining "miscellaneous" administration expenses, section 20.2053-3(d), Estate Tax Regs., provides that Expenses necessarily incurred in preserving and distributing the estate are deductible, including the cost of storing or maintaining property of the estate, if it is impossible to effect immediate distribution to the beneficiaries. Expenses for preserving and caring for the property may not include outlays for additions or improvements; nor will such expenses be allowed for a longer period than the executor is reasonably required to retain the property. Respondent does not dispute that petitioner is entitled to deductions under section 2053(a)(2) for its legal fees and appraisal fees to the extent such fees are substantiated. Respondent also does not take issue with the general proposition that interest on funds borrowed to pay estate tax liabilities, among other things, may be deductible as administration expenses. See, e.g., Estate of Todd v. Commissioner, 57 T.C. 288 (1971); McKee v. Commissioner, T.C. Memo. 1996-362. Rather, respondent argues that Georgia, the jurisdiction under which the estate is being administered, requires prior court approval for an estate to incur an interest expense for borrowed funds, which approvalPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011