Estate of Sternberger v. Commissioner

OPINION.

Black, Judge:

There are two issues in this proceeding involving the estate tax. The major question concerns whether a contingent remainder to charity is deductible under section 812 (d) of the Code and, if so, the amount of the deduction. The other issue is whether brokerage and legal fees incurred in connection with the sale of realty are deductible administrative expenses under section 812 (b) (2).

Issue 1.

The applicable statute to Issue 1 is printed in the margin.1 In the instant case there is no issue between the parties that the charities to which the contingent bequests were made…