ESTATE OF HAGGART v. COMMISSIONER

Docket No. 19667.

13 T.C. 14 (1949)

ESTATE OF ELIZABETH W. HAGGART, DECEASED, KATHRYN C. SCHLEYER AND GIRARD TRUST COMPANY, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated July 7, 1949.


Attorney(s) appearing for the Case

F. G. Spencer, Esq., and Howard C. Cummings, Esq., for the petitioners.

John A. Newton, Esq., for the respondent.


This case involves a deficiency in estate tax in the amount of $4,543.98. The question presented is whether certain legal and other expenses allowed by the orphans' court at the accounting of the decedent's inter vivos trust are recognizable for estate tax purposes as either a charge on the assets of that trust or a deduction from the gross estate. Other questions involved in the Commissioner's determination have been settled between the parties.

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