Estate of Delores E. Lasarzig, Deceased, Wells Fargo Bank, Trustee - Page 7




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          estate and allowable under local law.  Section 20.2053-3(a),                
          Estate Tax Regs., provides the following interpretation of the              
          above-stated requirement:                                                   
               The amounts deductible from a decedent's gross estate                  
               as “administration expenses” * * * are limited to such                 
               expenses as are actually and necessarily incurred in                   
               the administration of the decedent’s estate; that is,                  
               in the collection of assets, payment of debts, and                     
               distribution of property to the persons entitled to it.                
               The expenses contemplated in the law are such only as                  
               attend the settlement of an estate and the transfer of                 
               the property of the estate to individual beneficiaries                 
               or to a trustee * * *.  Expenditures not essential to                  
               the proper settlement of the estate, but incurred for                  
               the individual benefit of the heirs, legatees, or                      
               devisees, may not be taken as deductions.  * * *                       
          Further explanation is provided in section 20.2053-8(b), Estate             
          Tax Regs., as follows:                                                      
               The only expenses in administering property not subject                
               to claims which are allowed as deductions are those                    
               occasioned by the decedent’s death and incurred in                     
               settling the decedent’s interest in the property or                    
               vesting good title to the property in the                              
               beneficiaries.  Expenses not coming within the                         
               description in the preceding sentence but incurred on                  
               behalf of the transferees are not deductible.                          
               Respondent argues that the last sentence of each of the                
          above-quoted regulations should govern the situation in this                
          case.  Respondent reasons that the loan proceeds used to pay the            
          estate tax were “attributable” to assets in or associated with a            
          QTIP trust.  Because the QTIP trust is not subject to the probate           
          of the estate, section 2053(b) and section 20.2053-8(b), Estate             
          Tax Regs., govern this situation and prohibit the deduction of              






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