- 23 - Administration expenses include (1) executor’s commis- sions; (2) attorney’s fees; and (3) miscellaneous expenses. * * * Section 2053(b) allows deductions of amounts representing expenses incurred in administering property that is included in the gross estate and not subject to claims to the same extent such expenses would be allowable as deductions under section 2053(a)(2) if such property were subject to claims, and such amounts are paid before the expiration of the period of limita- tion for assessment provided in section 6501. Section 20.2053-8, Estate Tax Regs., provides in pertinent part: Usually, these expenses [expenses in administering property not subject to claims] are incurred in connec- tion with the administration of a trust established by a decedent during his lifetime. They may also be incurred in connection with the collection of other assets or the transfer or clearance of title to other property included in a decedent’s gross estate for estate tax purposes but not included in his probate estate. (b) These expenses may be allowed as deductions only to the extent that they would be allowed as deduc- tions under the first category [of deductions set forth in section 20.2053-1(a)(1), Estate Tax Regs.] if the property were subject to claims. See � 20.2053-3. The only expenses in administering property not subject to claims which are allowed as deductions are those occa- sioned by the decedent’s death and incurred in settling the decedent’s interest in the property or vesting good title to the property in the beneficiaries. Expenses not coming within the description in the preceding sentence but incurred on behalf of the transferees are not deductible. (c) The principles set forth in paragraphs (b), (c), and (d) of � 20.2053-3 (relating to the allowance of executor’s commissions, attorney’s fees, and miscel- laneous administration expenses of the first categoryPage: 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