- 22 - VIII. Executor’s Business Experience Finally, we are unpersuaded by Mr. Renbarger’s assertion that he lacked the necessary business education and experience to liquidate over $6 million in assets to pay Federal and State estate taxes and administrative expenses. There is no cause to find an experienced executor incompetent to manage the affairs of an estate where the executor is experienced in business. Estate of Thomas v. Commissioner, T.C. Memo. 2001-225 (executrix was not a naive, incapacitated, elderly citizen but rather an experienced businesswoman). In this case, Mr. Renbarger had sufficient business expertise to act as the executor. He was a 99-percent owner of Westgate Market Place Developers, L.L.C., and was involved in numerous real estate transactions, including many with the estate’s properties. We also note that Mr. Renbarger is quick to allege his incompetence when it supports his argument but was apparently content to rely substantially on his own expertise when he assembled his “small team”, made up of his two sons, a certified public accountant, and a nonpracticing real estate broker,13 and, we assume, content to collect his nearly $1 million fee to date as an executor. In view of Mr. Renbarger’s 12(...continued) return. The amount the estate could credit under sec. 2011(b)(2)(B) dropped, however, to 75 percent in 2002, 50 percent in 2003, and 25 percent in 2004, which may have influenced the estate’s decision to prefer paying State estate tax over Federal estate tax. 13This individual was also Mr. Renbarger’s partner in Westgate Market Place Developers, L.L.C.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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