- 7 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011