- 20 -
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.
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: May 25, 2011