Legal Opinion

Haggart v. Commissioner

United States Tax Court

Decided July 7, 1949No. Docket No. 19667PublishedCited by 11 opinions

In determining the value of a revocable trust includible in the gross estate for estate tax purposes under section 811 (c), I. R. C., held, attorney fees and other miscellaneous expenses attributable to the administration of the trust which were not shown to be liabilities at death of decedent are not proper reductions; held, further, none of the above items are deductible from the gross estate as administration expenses of the estate under section 812 (b), I. R. C.

1Opinion of the Court

OPINION.

Harlan, Judge.

It is the contention of the respondent that expenses incurred by the trustees of a revocable trust, the assets of which on the death of the settlor are, under the provisions of section 811 (c) of the Internal Revenue Code,1 taxable in the estate of the settlor, can not be considered either a charge on the assets of the trust estate or a deduction from the gross estate for the purposes of taxation unless they were definitely incurred by the trust estate prior to the death of the settlor.

It is petitioners’ contention that the fees and other administrative expenses of the…

2Cases cited2 opinions

  1. Estate of Harter v. CommissionerUnited States Tax Court · 1944
  2. Clark v. CommissionerUnited States Tax Court · 1943

3Cited by11 opinions

  1. Burrow Trust v. CommissionerUnited States Tax Court · 1963
  2. Abbett v. CommissionerUnited States Tax Court · 1952
  3. Haggart's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1950
  4. In Re Estate of Marcellus L. Joslyn, Deceased. Robert D. MacDonald v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1974
  5. Estate of Joslyn v. CommissionerUnited States Tax Court · 1972

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