Estate of Timothy J. Tehan, Deceased, Timothy R. Tehan, Executor - Page 22

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          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.                                              





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