Estate of Park v. Commissioner
United States Tax Court
Mabel F. Colton Park died Mar. 1, 1968. On the date of her death she owned a residence and a cottage. The will admitted to probate left both parcels of real estate to the decedent's four sons. The sons determined that none of them would be interested in retaining the real estate and therefore requested petitioner, Detroit Bank & Trust Co., administrator, to sell the property.
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Mabel F. Colton Park died Mar. 1, 1968. On the date of her death she owned a residence and a cottage. The will admitted to probate left both parcels of real estate to the decedent's four sons. The sons determined that none of them would be interested in retaining the real estate and therefore requested petitioner, Detroit Bank & Trust Co., administrator, to sell the property. In connection with the sales petitioner incurred expenses totaling $ 4,285.30, which were deducted on the Federal estate tax return. Held, the property was not sold in order to pay expenses of administration, preserve…
1Opinion of the Court
Sterrett, Judge:
The respondent determined a deficiency in the estate tax of the Estate of Mabel F. Colton Parle in the amount of $1,505.59. Due to concessions the issues remaining for adjudication are:(1) Whether the expenses incurred in connection with the sale of real estate were necessary to the administration of the estate so as to bo deductible under section 2053(a), I.R.C. 1954,1 or, in the alternative, can such expenses be used to reduce the fair market value of the property for estate tax purposes.(2) Whether the expenses in connection with the maintenance and preservation of the real…
2Cases cited9 opinions
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
- Todd v. CommissionerUnited States Tax Court · 1971
- Publicker v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
- Estate of Edward N. Opal, Deceased, Mae Opal, Now by Remarriage Known as Mae Konefsky v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1971
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Estate of Mary F. Colton Park, Detroit Bank and Trust Company, Administrator With Will Annexed v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1973
- Estate of Posen v. CommissionerUnited States Tax Court · 1980
- Estate of Papson v. CommissionerUnited States Tax Court · 1979
- Estate of Joslyn v. CommissionerUnited States Tax Court · 1975
- Estate of De Witt v. CommissionerUnited States Tax Court · 1987
10 more not listed; retrieve them via the Exa API.