Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 36

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          provided the following touchstone:  “The basis of this deduction            
          is the necessity of the expense in connection with the decedent’s           
          funeral.”  Estate of Berkman v. Commissioner, T.C. Memo. 1979-46;           
          see also Estate of Tuck v. Commissioner, T.C. Memo. 1988-560 (“As           
          we interpret the term ‘funeral expenses’, it means expenses                 
          incurred in connection with the decedent’s funeral.”).                      
               The record contains no documentary evidence with respect to            
          the claimed funeral luncheon expense.  At trial, decedent’s                 
          parents provided the information set forth below.  Mr. Davenport            
          testified in a colloquy with counsel:                                       
                    Q    Now I’d like to draw your attention to                       
               Sarah’s funeral.  In connection with the funeral, was                  
               there a reception after the funeral?                                   
                    A    Yes, there was.                                              
                    Q    And what was the purpose of that reception?                  
                    A    In large part it was to say, Thank you to a                  
               lot of people in our family, teachers, other healthcare                
               professionals that worked with us and Sarah over the                   
               years.                                                                 
                    Q    And were these individuals invited to the                    
               funeral?                                                               
                    A    Yes, they were.                                              
                    Q    And these were people that had rendered care                 
               to her.  Did she require a great deal of care?                         
                    A    Yes, she did.                                                
          Ms. Weiss-Davenport was similarly asked what she “felt the                  
          purpose of that reception was”, and she responded:                          







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