Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 22




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          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.                               







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