Estate of Timothy J. Tehan, Deceased, Timothy R. Tehan, Executor - Page 20

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          commissions.17                                                              
               It is the estate’s position that it is entitled to deduct              
          under section 2053 personal representative’s commissions of                 
          $32,000.  It is respondent’s position that the estate is entitled           
          to deduct under section 2053 personal representative’s commis-              
          sions of $11,607.18                                                         
               In support of its position under section 2053, the estate              
          argues that, under section 20.2053-3(b), Estate Tax Regs.,19 the            
          June 29, 2001 order of the Orphans’ Court, which allowed $32,000            




               17See supra note 10.                                                   
               18The amount of personal representative’s commissions claim-           
          ed by the estate that remains in dispute is $20,393.  See supra             
          note 9.                                                                     
               19Sec. 20.2053-3(b), Estate Tax Regs., entitled “Executor’s            
          commissions”, provides in pertinent part:                                   
               The executor * * * may deduct his commissions in such                  
               an amount as has actually been paid * * *.  If the                     
               amount of the commissions has not been fixed by decree                 
               of the proper court, the deduction will be allowed                     
               * * * to the extent that all three of the following                    
               conditions are satisfied:                                              
                    (i) The district director is reasonably satisfied                 
               that the commissions claimed will be paid;                             
                    (ii) The amount claimed as a deduction is within                  
               the amount allowable by the laws of the jurisdiction in                
               which the estate is being administered; and                            
                    (iii) It is in accordance with the usually ac-                    
               cepted practice in the jurisdiction to allow such an                   
               amount in estates of similar size and character.                       




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