Estate of Mary B. Bull - Page 22




                                       - 22 -                                         
          decedent’s death cannot be sustained.  The insurance company had            
          already exceeded its obligations to make payments to decedent               
          under the existing policy.  To the extent that any other payments           
          were made to decedent’s estate or heirs, there is no indication             
          that the insurance company was legally obligated to make them or            
          that decedent had a right to such payments at the time of her               
          death.  Accordingly, we hold that respondent has erred in                   
          determining that the gross estate should be increased $88,506 for           
          household furnishings of decedent.                                          
               The estate raised the issue of the estate’s entitlement to             
          fees and costs incurred for legal and accounting provided during            
          the pendency of this tax controversy.  Respondent conceded that             
          the estate would be entitled to legal and professional fees to              
          the extent the estate can substantiate such costs under the                 
          Internal Revenue Code.  We therefore leave this item to the                 
          parties’ computations under Rule 155.                                       
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               















Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  

Last modified: May 25, 2011