- 22 - commissions and attorney’s fees allowable as a deduction is limited to the amount determined under section 7-601(b) of Md. Code Ann., Est. & Trusts (1999) (Md. Code Ann., Est. & Trusts, sec. 7-601(b)) (quoted and discussed below). Consequently, according to respondent, the estate is entitled to deduct under section 2053 only $11,607 of personal representative’s commis- sions. In determining the taxable estate, section 2053(a)(2), relating to expenses incurred in administering property that is included in the gross estate and subject to claims, allows a deduction from the value of the gross estate of “such amounts * * * for administration expenses * * * as are allowable by the laws of the jurisdiction * * * under which the estate is being administered.” Section 20.2053-3, Estate Tax Regs., provides in pertinent part: (a) In general. The amounts deductible from a dece- dent’s gross estate as “administration expenses” of the first category (see paragraphs (a) and (c) of � 20.2053-1) are limited to such expenses as are actually and necessarily incurred in the administration of the decedent’s estate; that is, in the collection of as- sets, payment of debts, and distribution of property to the persons entitled to it. * * * Expenditures not essential to the proper settlement of the estate, but incurred for the individual benefit of the heirs, legatees, or devisees, may not be taken as deductions. 21(...continued) tion, what would be a fair and reasonable total charge for the cost of administering the estate under this article, and it shall not allow aggregate compensation in excess of that figure.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