Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 22

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          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.                                    



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