Estate of Timothy J. Tehan, Deceased, Timothy R. Tehan, Executor - Page 21

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          of personal representative’s commissions,20 is dispositive of the           
          issue presented under section 2053.  According to the estate:               
               Section 20.2053-3(b), Estate Tax Regs. appears to                      
               provide, by negative implication, that a state court                   
               order is dispositive of the issue of the deductibility                 
               of personal representative’s commissions.  It provides                 
               that “the executor may deduct has commissions in such                  
               amount as has actually been paid.  If the amount of the                
               decree has not been fixed by order of the proper court,                
               the deduction will be allowed*** to the extent that all                
               three of the following conditions are satisfied....”                   
               Id.  The further requirements are applicable only to                   
               cases where personal representative’s commissions are                  
               not approved by court order.  [Reproduced literally.]                  
               In support of respondent’s position under section 2053,                
          respondent argues that, under section 7-602 of Md. Code Ann.,               
          Est. & Trusts  (1999) (Md. Code Ann., Est. & Trusts, sec.                   
          7-602),21 the aggregate amount of personal representative’s                 

               20The June 29, 2001 order of the Orphans’ Court also allowed           
          $7,500 of attorney’s fees.                                                  
               21Sec. 7-602, Md. Code Ann., Est. & Trusts, provides in                
          pertinent part:                                                             
                    (a) General.–-An attorney is entitled to reason-                  
               able compensation for legal services rendered by him to                
               the estate and/or the personal representative.                         
                    (b) Petition.–-Upon the filing of a petition in                   
               reasonable detail by the personal representative or the                
               attorney, the court may allow a counsel fee to an                      
               attorney employed by the personal representative for                   
               legal services.  The compensation shall be fair and                    
               reasonable in the light of all the circumstances to be                 
               considered in fixing the fee of an attorney.                           
                    (c) Considered with commissions.–-If the court                    
               shall allow a counsel fee to one or more attorneys, it                 
               shall take into consideration in making its determina-                 
                                                             (continued...)           





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