Estate of Papson v. Commissioner
United States Tax Court
Decedent died in 1973. A shopping center constituted more than 35 percent of his gross estate. Petitioner elected deferred payment under sec. 6166, I.R.C. 1954. In 1976, the primary tenant in the shopping center vacated the premises due to bankruptcy. The executor incurred a brokerage commission to obtain a new tenant. Held, the broker's commission qualifies as an administration expense under sec. 2053(a)(2), I.R.C. 1954.
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency in petitioner’s estate tax of $452,632.31. Concessions having been made by both parties, the issue remaining for our resolution is whether the broker’s commission of $109,708.95 incurred in the leasing of a store in the shopping center property, included in and constituting more than 35 percent of the value of the gross estate, to replace the primary tenant qualifies as an expense of administration.
FINDINGS OF FACT
All of the facts were stipulated. The stipulation of facts, together with the exhibits attached thereto, is incorporated herein…
2Cases cited26 opinions
- Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
- Blood v. . KaneNew York Court of Appeals · 1892
- Goodell v. KochSupreme Court of the United States · 1930
- 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
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of Papson v. CommissionerUnited States Tax Court · 1980
- Estate of Posen v. CommissionerUnited States Tax Court · 1980
- Marcus v. DeWittCourt of Appeals for the Eleventh Circuit · 1983
- Estate of Papson v. CommissionerUnited States Tax Court · 1983
- Estate of Love v. CommissionerUnited States Tax Court · 1989
7 more not listed; retrieve them via the Exa API.