Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 15

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          Section 20.2053-1(b)(3), Estate Tax Regs.,1 forbids the deduction           
          on the estate tax return of an item unless the amount of the                
          liability “is ascertainable with reasonable certainty, and will             
          be paid.”  The provision closes with the reassurance that, if the           
          matter is not resolved by the time of the final audit, then                 
          relief would be available in the Tax Court or in a refund suit.             
               Respondent’s contentions in the instant case fly in the face           
          of this reassurance.  Having forbidden by regulation the taking             
          of a deduction, even by way of estimate, on a timely filed estate           
          tax return, respondent in the instant case proposes to limit the            
          relief otherwise flowing from the deduction merely because the              


               1    SEC. 20.2053-1(b)(3), Estate Tax Regs., provides as               
          follows:                                                                    
               SEC. 20.2053-1.  Deductions for expenses, indebtedness, and            
               taxes; in general.  * * *                                              

                        *     *     *     *     *     *     *                         
                    (b) Provisions applicable to both categories.                     
                        *     *     *     *     *     *     *                         
                         (3) Estimated amounts.  An item may be entered on            
                    the return for deduction though its exact amount is not           
                    then known, provided it is ascertainable with                     
                    reasonable certainty, and will be paid.  No deduction             
                    may be taken upon the basis of a vague or uncertain               
                    estimate.  If the amount of a liability was not                   
                    ascertainable at the time of final audit of the return            
                    by the district director and, as a consequence, it was            
                    not allowed as a deduction in the audit, and                      
                    subsequently the amount of the liability is                       
                    ascertained, relief may be sought by a petition to the            
                    Tax Court or a claim for refund as provided by sections           
                    6213(a) and 6511, respectively.                                   


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