Estate of Constance R. Grant - Page 32




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          and consequently have been disregarded by the Court.  See Rule               
          143(b).                                                                      
               Section 20.2053-3(d), Estate Tax Regs., relating to deduc-              
          tions for miscellaneous administration expenses, provides in                 
          pertinent part:                                                              
                    (d) Miscellaneous administration expenses.                         
               (1) Miscellaneous administration expenses include such                  
               expenses as court costs, surrogates’ fees, accountants’                 
               fees, appraisers’ fees, clerk hire, etc.  Expenses                      
               necessarily incurred in preserving and distributing the                 
               estate are deductible, including the cost of storing or                 
               maintaining property of the estate, if it is impossible                 
               to effect immediate distribution to the beneficiaries.                  
               Expenses for preserving and caring for the property may                 
               not include outlays for additions or improvements; nor                  
               will such expenses be allowed for a longer period than                  
               the executor is reasonably required to retain the                       
               property.                                                               
                    (2) Expenses for selling property of the estate                    
               are deductible if the sale is necessary in order to pay                 
               the decedent’s debts, expenses of administration, or                    
               taxes, to preserve the estate, or to effect distribu-                   
               tion.  The phrase “expenses for selling property”                       
               includes brokerage fees and other expenses attending                    
               the sale, such as the fees of an auctioneer if it is                    
               reasonably necessary to employ one. * * *                               
               On the record before us, we find that the estate has failed             
          to establish that the expenses claimed in Schedule L for the                 
          travel of Mr. Grant and Ms. Adams from Vermont and New Hampshire,            
          respectively, to Maryland were necessarily incurred in preserving            
          and distributing the estate’s assets.  In this connection, the               
          Attorney General of Maryland has determined upon at least two                
          occasions that incidental expenses incurred by nonresident                   






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