William L. Rudkin Testamentary Trust U/W/O Henry A. Rudkin, Michael J. Knight, Trustee - Page 7

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          deductibility is limited to the extent it would be for individual           
          taxpayers.                                                                  
               In that vein, regulations promulgated under section 67 list            
          examples of expenses that, in the context of individuals, are               
          subject to the 2-percent floor.  Sec. 1.67-1T(a)(1), Temporary              
          Income Tax Regs., 53 Fed. Reg. 9875 (Mar. 28, 1988).3  Included             
          are expenses incurred “for the production or collection of income           
          for which a deduction is otherwise allowable under section 212(1)           
          and (2), such as investment advisory fees, subscriptions to                 
          investment advisory publications, certain attorneys’ fees, and              
          the cost of safe deposit boxes”.  Sec. 1.67-1T(a)(1)(ii),                   
          Temporary Income Tax Regs., supra (emphasis added).                         
          II.  Contentions of the Parties                                             
               Against this backdrop, the trustee contends that the                   
          investment management fees in dispute here are properly                     
          deductible under the exception set forth in section 67(e)(1).               
          The trustee maintains that the fees were paid in connection with            
          administration of the trust and would not have been incurred if             
          the property were not held in trust.  In reaching this                      
          conclusion, the trustee relies largely on the fiduciary duties              
          imposed on trustees.  According to the trustee, while an                    


          3 Temporary regulations are entitled to the same weight and                 
          binding effect as final regulations.  Peterson Marital Trust v.             
          Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d               
          Cir. 1996).                                                                 





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