Estate of Reilly v. Commissioner
United States Tax Court
In litigation between the petitioner and the decedent's widow (who was a beneficiary under decedent's will) relating to the ownership of certain property transferred to her by the decedent prior to his death, the State court approved a compromise agreement which required that petitioner pay the widow's attorneys' fees.
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In litigation between the petitioner and the decedent's widow (who was a beneficiary under decedent's will) relating to the ownership of certain property transferred to her by the decedent prior to his death, the State court approved a compromise agreement which required that petitioner pay the widow's attorneys' fees. Held, petitioner may deduct these fees as (1) administration expenses, under sec. 2053(a)(2), I.R.C. 1954, either as attorneys' fees of a beneficiary pursuant to sec. 20.2053-3(c)(3), Estate Tax Regs., or as a cost of administration or (2) as a payment made in settlement of a…
1Opinion of the Court
Estate of Peter W. Reilly, Deceased, Lawrence K. Reilly, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Reilly v. Commissioner
Docket No. 5117-78
United States Tax Court
76 T.C. 369; 1981 U.S. Tax Ct. LEXIS 168;
February 19, 1981, Filed
Decision will be entered under Rule 155.
In litigation between the petitioner and the decedent's widow (who was a beneficiary under decedent's will) relating to the ownership of certain property transferred to her by the decedent prior to his death, the State court approved a compromise agreement which required that petitioner pay the…
2Cases cited26 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Anderson, Clayton & Co., Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
- Estate of David Smith, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1975
- Mosells Silvey Pitner v. United StatesCourt of Appeals for the Fifth Circuit · 1967
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