- 24 - the Foundation must be reduced by taxes and administrative expenses, and (2) a postmortem bonus remitted by SSE to the Estate cannot be considered to have paid those expenses so as to leave the charitable deduction unreduced. Petitioners do not contest that the charitable deduction may be reduced if payments for administrative expenses and taxes exceed the amount of the 1992 Trust residue (meaning in this context residual trust assets other than the SSE stock). Rather, petitioners maintain that the bonus received by the Estate should be included in computing the residue available for paying these obligations. In that event, petitioners calculate that sufficient funds would exist to cover all taxes and expenses without need to resort to the charitable gift. We, however, conclude that petitioners’ view is contrary to the express terms of the will and trust agreement executed by decedent. As a general rule, section 2055 permits a deduction for the value of bequests to charitable entities but limits the amount of such deduction to “the value of the transferred property required to be included in the gross estate.” Sec. 2055(a), (d). Here, the parties agree that the postmortem bonus was not includible in the gross estate. The sum was instead includible in the income of the Estate for fiduciary income tax purposes. As a result, receipt of the bonus did not increase the total amount otherwise potentially deductible under section 2055. The relevant questionPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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