- 12 - On June 29, 2001, the Orphans’ Court issued an order (June 29, 2001 order) approving, inter alia, the $32,000 of personal representative’s commissions that Mr. Tehan requested in the consent petition.7 Pursuant to that order, on October 15, 2004, the estate issued a $32,000 check to Mr. Tehan. Mr. Tehan deposited that check into his personal savings account on Novem- ber 9, 2004, three days before the trial was held in this case. In the notice of deficiency (notice) that respondent issued with respect to decedent’s estate, respondent determined, inter alia, to include in decedent’s gross estate under section 2036(a)(1) decedent’s residence that respondent determined had a value of $310,000 on the date of decedent’s death.8 In the notice, respondent also determined, inter alia, to disallow as deductions (1) $20,822 of the $32,000 claimed as personal repre- sentative’s commissions and (2) $2,500 of the $10,000 claimed as attorney’s fees.9 7In the June 29, 2001 order, the Orphans’ Court also ap- proved the $7,500 of attorney’s fees requested in the consent petition. 8In the stipulation for trial, respondent stipulated that the date-of-death value of decedent’s residence was $275,000. 9In the stipulation for trial, the estate conceded, inter alia, respondent’s determinations to increase decedent’s taxable estate by the amounts of $10,000 and $1,896, respectively, for a note receivable and a State income tax refund. As a result of those concessions, on brief respondent concedes that the amount of personal representative’s commissions that respondent deter- mined in the notice to allow as a deduction under sec. 2053 (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011