Estate of Lewis S. Thompson, III, Deceased, Synovus Trust Company, Successor Executor To Security Bank and Trust Company - Page 21

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               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 approval             




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