Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 22

                                       - 22 -                                         
          the settlement agreement that the annuity payments were intended            
          to benefit decedent alone.                                                  
               Even the inventory prepared for the Wayne County Probate               
          Court bears a degree of corroborative value.  As of February 14,            
          2001, decedent’s parents apparently viewed the annuities as part            
          of decedent’s probate estate, representing $1,118,000 of the                
          reported total assets of $1,535,853.  The evidence further                  
          suggests that this document was in fact filed with the probate              
          court on March 9, 2001, accompanied by payment of a $1,331.25               
          inventory fee.  The Court takes judicial notice of the fact that            
          the probate inventory fee imposed under Michigan law is computed            
          based on the size of the estate and that $1,331.25 corresponds to           
          the fee that would be due on an estate of $1,535,853.  See Mich.            
          Comp. Laws Serv. sec. 600.871 (LexisNexis 2004); see also Fed. R.           
          Evid. 201; Estate of Reis v. Commissioner, 87 T.C. 1016, 1026-              
          1027 (1986).                                                                
               Although both parties concurred that amended inventories               
          excluding the annuities were provided to the IRS, no such                   
          documents were proffered as evidence, nor was there any                     
          indication that a refund of some portion of the inventory fee was           
          sought or obtained from the probate court.  Rather, it is                   
          noteworthy that $1,451.25 was claimed as an administrative                  
          expense labeled Wayne County Probate Court on the Form 706 signed           
          on July 27, 2001.  This would seem to correlate with the                    






Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011