- 15 - administration expenses, including fiduciaries' fees and expenses of litigation, which are ordinary and necessary in connection with the performance of the duties of administration are deductible under section 212 notwithstanding that the estate or trust is not engaged in a trade or business * * * [Emphasis added.] The phrase "duties of administration" is not defined in section 1.212-1(i), Income Tax Regs. Petitioner would have us define it in this case to include the defense of a lawsuit in which a trustee is sued, regardless of the nature of the claims asserted, arguing that a trustee has a fiduciary duty to defend any lawsuit which threatens the integrity and operation of the Trust. Petitioner relies on our decisions in Moore Trust v. Commissioner, 49 T.C. 430 (1968) and Estate of Barnhart v. Commissioner, T.C. Memo. 1959-42, to support her argument.6 Again, we must reject petitioner's position. An examination of the cited cases reveals why. In Moore Trust, a trustee sought judicial interpretation of the trust instrument to determine whether the remainder interests could be accelerated following the life tenant's renunciation of her interest in the trust. The litigation at issue did not involve any claim that the trust was invalid but was filed to resolve an interpretive issue raised by the trust agreement impacting directly on the manner in which the trust would be 6We accept, arguendo, petitioner's contention that she owed a fiduciary duty to defend the Trust against Garland's lawsuit. See First Natl. Bank v. Stricklin, 347 P.2d 652 (Okla. 1959).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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