- 29 - amounts of $1,388 and $4,332 determined under Md. Code Ann., Est. & Trusts, sec. 14-103(c) and (e), or total trustees’ commissions of $5,720 which includes the $2,203 of trustees’ fees allowed by respondent in the notice. On the record before us, we find that the estate has failed to show that it is entitled under section 2053(b) to deduct trustees’ commissions or fees determined under Md. Code Ann., Est. & Trusts, sec. 14-103(c) and (e) in excess of that total amount (i.e., the total of $1,388 and $4,33212 under those respective provisions of Maryland law). We turn now to the $23,828 of miscellaneous administration expenses that the estate claimed in Schedule L and that remain in dispute.13 Those expenses may be broken down into the following broad categories of expenses, which were claimed for the purposes alleged in Schedule L and enumerated in that schedule as the following items of expense: (1) Items 4 and 5: travel expenses 12Respondent apparently calculated the amount of trustees’ commissions allowable under Md. Code Ann., Est. & Trusts, sec. 14-103(e) as $4,332 by multiplying one-half of one percent times $866,330, which was the value of decedent’s nonprobate assets as determined by the Register of Wills, Montgomery County, Maryland, in calculating inheritance tax due to Maryland. The estate calculated the amount of trustees’ commissions allowable under Md. Code Ann., Est. & Trusts, sec. 14-103(e) as $4,327 by multi- plying the value of decedent’s nonprobate property that was included in the estate tax return in decedent’s gross estate (i.e., $865,480) times one-half of one percent. We shall accept respondent’s concession in the estate’s favor that the estate is entitled under sec. 2053(b) to deduct $4,332 as trustees’ commis- sions under Md. Code Ann., Est. & Trusts, sec. 14-103(e). 13See supra note 5.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011