Estate of Frank A. Branson - Page 52




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          in prosecuting a claim for refund should be claimed at the time             
          the deficiency is contested or the refund claim is prosecuted.              
          See sec. 20.2053-3(c)(2), Estate Tax Regs.  Furthermore, a                  
          deduction for these fees shall not be denied, and the sufficiency           
          of a claim for refund shall not be questioned, solely by reason             
          of the fact that the amount of the fees to be paid was not                  
          established at the time that the right to the deduction was                 
          claimed.  See id.                                                           
               Petitioner has met the requirements for claiming the                   
          deductions.  Petitioner paid $21,226 of attorney's fees, $8,830             
          of accountant's fees, and $12,396 of appraisal costs to defend              
          its reporting position in an audit by the Internal Revenue                  
          Service.  Petitioner filed Form 843, Claim for Refund and Request           
          for Abatement, to claim a refund of the estate tax paid on these            
          amounts soon after filing its petition in this case.  At that               
          time, petitioner also filed a protective claim for refund of                
          estate tax for additional administration expenses that it expects           
          to incur in further defending its position.                                 
















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