Estate of Constance R. Grant - Page 22




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               * * * to the extent that all three of the following                     
               conditions are satisfied:                                               
                    (i) The district director is reasonably satisfied                  
               that the commissions claimed will be paid;                              
                    (ii) The amount claimed as a deduction is within                   
               the amount allowable by the laws of the jurisdiction in                 
               which the estate is being administered; and                             
                    (iii) It is in accordance with the usually ac-                     
               cepted practice in the jurisdiction to allow such an                    
               amount in estates of similar size and character.                        
               In support of its position that it is entitled to deduct                
          under section 2053(b) executors’ fees totaling $16,875, the                  
          estate relies in part on Md. Code Ann., Est. & Trusts, sec. 7-               
          601(b) (1998 Supp.) (Md. Code Ann., Est. & Trusts, sec. 7-                   
          601(b)).  That section prescribes the maximum compensation                   
          payable to a personal representative of an estate as follows:                
                    (b) Computation of compensation.--Unless the will                  
               provides a larger measure of compensation, upon peti-                   
               tion filed in reasonable detail by the personal repre-                  
               sentative * * * the court may allow the commissions it                  
               considers appropriate.  The commissions may not exceed                  
               those computed in accordance with the table in this                     
               subsection.                                                             
               If the property subject to          The commission may                  
               administration is:                  not exceed:                         
               Not over $20,000 ................. 9%                                   
               Over $20,000 ........ $1,800 plus 3.6% of the                           
                                                  excess over $20,000                  
               According to the estate, the maximum compensation, deter-               
          mined pursuant to Md. Code Ann., Est. & Trusts, sec. 7-601(b), of            
          Mr. Grant and Ms. Adams, the personal representatives of dece-               







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