- 22 - consideration under section 2053(c)(1)(A). It is not a sham, and we hold that it is deductible from Kimberly’s gross estate.8 II. Administrative expenses The Commissioner has conceded in his posttrial brief the deductibility of administrative expenses incurred by the trusts in 2000, but contests all later expenses. The problem for the estate is that it neither secured the admission of a summary exhibit--Exhibit 120-P--nor elicited testimony from the Key Bank employee who testified about the estate’s fees and expenses after Kimberly died. That leaves those expenses unsubstantiated for the years 2001-2004, and so we must disallow them. The estate is quite right, however, about the expenses of this litigation; those expenses are governed by Rule 156: If the parties in an estate tax case are unable to agree under Rule 155 * * * upon a deduction involving expenses incurred at or after the trial, then any party may move to reopen the case for further trial on that issue. [Emphasis added.] The parties are encouraged to reach a settlement on this issue, but in any event Decision will be entered under Rule 155. 8 Any predeath interest accrued under the terms of the promissory note follows the loan (i.e., is payable to Clyde as the holder of the note) and thus is also deductible by the estate. See sec. 20.2053-4, Estate Tax Regs.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22Last modified: November 10, 2007