Estate of Howard Gilman, Deceased, Bernard D. Bergreen and Natalie Moody, Executors - Page 31

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          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, not           





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