- 36 - 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:Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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