- 35 - decedent’s interest in the malpractice claim against Eckell, Sparks. Pursuant to the parties’ agreement, this $502,500 should be reduced by $203,659 for legal costs in prosecuting the malpractice, leaving a net value of $298,841. Pursuant to the parties’ agreement, we next must multiply the $298,841 net amount by .438233 (the present value factor), leaving $130,962 (rounded) as the value of decedent’s interest in the malpractice claim as of the date of death. Issue 2. Whether That Portion of the Proceeds From the Settlement of Claims Against the Law Firm of Eckell, Sparks Paid to the Residuary Beneficiaries Is a Deductible Expense in Determining Decedent’s Taxable Estate Decedent’s estate argues that, if we determine that no portion of the $750,000 settlement is allocable to the Glovers’ claim, then the portion (60 percent) of the Eckell, Sparks settlement proceeds payable to the Glovers pursuant to the plaintiffs’ agreement is deductible (in determining decedent’s taxable estate) either as an administration expense within the meaning of section 2053(a)(2) and section 20.2053-3(c)(3), Estate Tax Regs., or as a claim against the estate within the meaning of section 2053(a)(3) and section 20.2053-1(a)(1), Estate Tax Regs. We disagree. An estate may deduct as claims against the estate only those claims that are “enforceable against the decedent’s estate” and only those amounts that “represent personal obligations of the decedent existing at the time of his death”. Sec. 20.2053-4, Estate Tax Regs. The plaintiffs’ agreement was not an obligationPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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