- 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 Next
Last modified: May 25, 2011