- 39 - “contracted bona fide and for an adequate and full consideration in money or money’s worth”. As noted heretofore, “adequate and full consideration” for purposes of section 2053(c)(1)(A) is a higher standard of consideration than that required to establish the validity of a contract under State law. Estate of Carli v. Commissioner, supra. The record is devoid of any evidence that the Glovers’ claim for 60 percent of the settlement proceeds was contracted for an adequate and full consideration in money or money’s worth. Indeed, aside from dubious RICO claims and claims for punitive damages, the damages related to the Glovers’ claims against Eckell, Sparks (attorney’s fees of $340,270, together with interest and costs) are substantially less than the damages related to decedent’s claims and those of the estate (e.g., over $1 million related to the claim of malpractice in preparing the will). To be deductible as an administration expense, the regulations require that the payment to the Glovers must have been “essential to the proper settlement of the estate”. Sec. 20.2053-3(c)(3), (a), Estate Tax Regs. We do not find that the payment to the Glovers was essential to the proper settlement of the estate. In considering this matter, we are mindful that it is the duty of an administrator to collect and protect assets of the estate. There is no indication that the specific bequests in decedent’s will to beneficiaries other than the Glovers could not be satisfied with the assets in decedent’s estate if the claimsPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011