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3. Whether payments made by decedent’s estate to attorneys
representing the Glovers, and payments, if any, to be made to Mr.
Glover (one of the residuary beneficiaries) for time and money
spent in discovering the misappropriation of decedent’s assets by
Ms. Hurley and Mr. Ross (persons to whom decedent entrusted all of
her financial affairs) are deductible either as administrative
expenses (pursuant to section 2053(a)(2)) or as claims against the
estate (pursuant to section 2053(a)(3)) in determining decedent’s
taxable estate.4
FINDINGS OF FACT
Some of the facts have been stipulated and are found
accordingly. The stipulation of facts and the exhibits submitted
therewith are incorporated herein by this reference.
Background
On the date of her death, June 3, 1991, decedent resided in
Pennsylvania. Kevin Holleran and the Wilmington Trust Co. were
duly appointed coadministrators pro tem. of decedent’s estate. At
the time the petition in this case was filed, Mr. Holleran resided
in Pennsylvania, and the principal place of business of Wilmington
Trust Co. was in Delaware.
4 All section references are to the Internal Revenue Code
as amended and in effect on the date of decedent’s death, and all
Rule references are to the Tax Court Rules of Practice and
Procedure.
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