- 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