Estate of Timothy J. Tehan, Deceased, Timothy R. Tehan, Executor - Page 23

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               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 category                  





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