Estate of Posen v. Commissioner
United States Tax Court
Decedent's daughter was the administratrix and sole heir of decedent's estate. Acting in her capacity as administratrix, she sold a cooperative apartment which was part of the estate, primarily because she did not want it distributed to her as heir. Held, the expenses of selling the cooperative apartment were allowable expenses of the estate under New York State law.
Read the full summary
Decedent's daughter was the administratrix and sole heir of decedent's estate. Acting in her capacity as administratrix, she sold a cooperative apartment which was part of the estate, primarily because she did not want it distributed to her as heir. Held, the expenses of selling the cooperative apartment were allowable expenses of the estate under New York State law. Held, further, sec. 20.2053-3(a) and (d)(2), Estate Tax Regs., is valid, and, therefore, because the selling expenses were not necessarily incurred in the administration of the estate, they were not deductible administration…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency of $3,222 in petitioner’s Federal estate taxes. Concessions having been made by petitioner, the sole issue for decision is whether expenses incurred in the sale of a cooperative apartment are deductible as administration expenses under section 2053(a)(2).1
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly. The stipulation of facts and the accompanying exhibits are incorporated herein by this reference.
Petitioner is the Estate of Vera T. Posen (hereinafter the decedent), who died intestate on January 25, 1975.…
2Cases cited23 opinions
- Bingler v. JohnsonSupreme Court of the United States · 1969
- Lyeth v. HoeySupreme Court of the United States · 1938
- Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
- United States v. StapfSupreme Court of the United States · 1964
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Estate of Reilly v. CommissionerUnited States Tax Court · 1981
- Marcus v. DeWittCourt of Appeals for the Eleventh Circuit · 1983
- Estate of De Witt v. CommissionerUnited States Tax Court · 1987
- Estate of Millikin v. CommissionerCourt of Appeals for the Sixth Circuit · 1997
- Estate of Millikin v. CommissionerUnited States Tax Court · 1995
10 more not listed; retrieve them via the Exa API.