Sicardi v. Director

NARAYANAN, J.T.C.

Plaintiff (“Mr. Sicardi”) appeals the Defendant’s denial of deductions for attorney fees and executor’s commissions from the gross taxable estate of the decedent, which if permitted, would provide him an increased inheritance tax refund. Since Mr. Sicardi was not an executor when he incurred attorney fees in a will contest proceeding, and agreed to bear his own legal expenses in that proceeding, the court finds that the Defendant (“Director”) correctly denied a deduction for such fees. Furthermore, the Director correctly applied his regulations which require exclusion of…