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11 B.T.A. 1313

Power v. Commissioner

United States Board of Tax Appeals · decided 1928-05-11

1. Executors' commissions and attorney's fees, the amounts of which were fixed and ordered paid by a court having jurisdiction of the estate, are deductible items from the gross estate. 2. The fair market value of certain property owned by decedent at time of his death and included in his gross estate, determined pursuant to stipulation.

Cited by 3 later decisions — most recently March 1940

Relies on ESTATE OF VOELBEL v. COMMISSIONER · Vaughan v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1928-05-11

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¶1*1314OPINION.

Love :

¶2The issues raised with respect to the Commissioner’s action in determining the fair market value of the stocks and real estate in question are concluded by the valuations agreed upon by the parties hereto. The deficiency insofar as it relates to the value of the stocks and real estate in question should be recomputed, giving effect to the fair market values thereof at the time of decedent’s death, as set forth in the findings of fact.

¶3The remaining question i,s whether, in determining the net estate, the executors are entitled to deduct the amount of their commissions and the amount of the attorneys’ fees.

¶4The executors’ commissions in the amount of $22,000 and the attorneys’ fees in the same amount were fixed and allowed by the *1315court having jurisdiction of the estate. Clearly, the amounts so fixed and allowed are administration expenses and as such are deductible under section 403 (a) (1) of the Revenue Act of 1921. Estate of Jacob Voelbel, 7 B. T. A. 276; Leonard Holden Vaughan, Coexecutor, 10 B. T. A. 140.

¶5Judgment will be entered wider Rule 50.

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