Estate of Frank A. Branson - Page 50




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          Issue 3.  Whether Petitioner May Deduct the Expense of Defending            
                    Its Reporting Position                                            
               Petitioner asserts by amended petition that certain expenses           
          it incurred defending its reporting position with regard to the             
          value of the Savings and Willits shares are administration                  
          expenses deductible from the value of the gross estate.                     
          Respondent did not address this issue at trial or on brief.                 
               Section 2053(a)(2) provides that administration expenses               
          shall be deducted from the value of the gross estate if they are            
          allowable by the law of the jurisdiction under which the estate             
          is being administered.  Administration expenses include                     
          attorney's fees and miscellaneous expenses.  See sec. 20.2053-              
          3(a), Estate Tax Regs.  Miscellaneous administration expenses               
          include accountant's fees and appraiser's fees.  See sec.                   
          20.2053-3(d)(1), Estate Tax Regs.  The amounts deductible as                
          administration expenses are limited to such expenses as are                 
          actually and necessarily incurred in the administration of the              
          decedent's estate.  See sec. 20.2053-3(a), Estate Tax Regs.                 
          However, 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.  See id.             
          Attorney's fees incurred by beneficiaries incident to litigation            
          as to their respective interests are not deductible if the                  








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