Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 39




                                       - 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 claims             






Page:  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