Estate of Frank A. Branson - Page 51




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          litigation is not essential to the proper settlement of the                 
          estate.  See sec. 20.2053-3(c)(3), Estate Tax Regs.                         
               California law allows the personal representative to employ            
          tax experts in negotiations or litigation that may be necessary             
          for the final determination and payment of taxes and to pay the             
          experts from the funds of the estate.25  The litigation                     
          undertaken by petitioner in this case was in response to                    
          respondent's determination of a deficiency in petitioner's                  
          Federal estate tax.  The litigation did not relate to the                   
          respective interests of the heirs, nor was it incurred for their            
          individual benefit.  Accordingly, we conclude that the                      
          administrative expenses petitioner claims are of the type that              
          are allowable under California law and the regulations.                     
               Respondent's regulations provide that a deduction for                  
          attorney's fees incurred in contesting an asserted deficiency or            


               25California law provides:                                             
               The personal representative may also employ or retain                  
               tax counsel, tax auditors, accountants, or other tax                   
               experts for the performance of any action which such                   
               persons, respectively, may lawfully perform in the                     
               computation, reporting, or making of tax returns, or in                
               negotiations or litigation which may be necessary for                  
               the final determination and payment of taxes, and pay                  
               from the funds of the estate for such services.  [Cal.                 
               Prob. Code Ann. sec. 10801(b) (West 1998).]                            
               These amounts are in addition to the compensation allowed              
          under Sec. 10800 for all ordinary services of the personal                  
          representative.  See Cal. Prob. Code Ann. sec. 10801(a) (West               
          1998).                                                                      




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