ESTATE OF HARTLEY v. COMMISSIONER

Docket No. 4923.

5 T.C. 645 (1945)

ESTATE OF ROBERT H. HARTLEY, DECEASED, LOUIS M. BANKS AND H. STEWART DUNN, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated August 28, 1945.


Attorney(s) appearing for the Case

H. Stewart Dunn, Executor, for the petitioners.

Homer F. Benson, Esq., for the respondent.


The Commissioner determined a deficiency of $1,406.31 in estate tax. The petitioners assign as error the action of the Commissioner in disallowing, as part of the deduction for administration expenses, $3,800 of executors' commissions and $4,000 of attorneys' fees.

FINDINGS OF FACT.

Robert H. Hartley died on September 13, 1941, while residing in Pittsburgh, Pennsylvania. His last will and testament was probated in the office of the register of wills of Allegheny...

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