- 21 - 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...)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