- 31 - expenses under section 2053 paid by or on behalf of the estate and the estate had enough income with which to pay the additional expenses. 2. Whether the Additional Expenses Were Paid on Behalf of the Estate Respondent contends that the additional expenses are not administration expenses because they were not paid on behalf of the estate. The estate points out that Bergreen testified that the estate paid $4,507,723 to Cullen & Dykman, Price Waterhouse, Fensterstock & Partners, Pearl Meyer, and Carter Ledyard for necessary services provided to the estate. The estate contends that the additional expenses were paid on its behalf. We agree in part and disagree in part with both parties. a. Payments to Pearl Meyer Bergreen’s memorandum, Exhibit 48-R, states that the foundation hired Pearl Meyer. The estate points out that it paid Pearl Meyer and contends that respondent reads Bergreen’s memorandum out of context. We disagree. Bergreen’s memorandum is consistent with the objective facts of this case, including: (1) The New York State attorney general’s office asked the foundation, not the estate, to evaluate reasonable compensation of nine foundation executives including Bergreen and Moody; (2) the Pearl Meyer findings with respect to Bergreen and Moody are based primarily on Bergreen’s and Moody’s activities for the businesses and the foundation, notPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011