ESTATE OF PAPSON v. COMMISSIONER

Docket No. 10249-76.

73 T.C. 290 (1979)

ESTATE OF LEONIDAS C. PAPSON, DECEASED, COSTA L. PAPSON, EXECUTOR, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed November 20, 1979.


Attorney(s) appearing for the Case

Costa L. Papson, for the petitioner.

H. Stephen Kesselman and Joan Ronder Domike, for the respondent.


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.

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