Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 35




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          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 obligation           





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Last modified: May 25, 2011