Memorandum Opinion
TANNENWALD, Judge:
Respondent determined a deficiency of $17,669.87 in the Federal estate tax of the Estate of Joseph V. Calcagno. The issues for decision are whether the estate is entitled to deduct: (1) a funeral expense in the amount of $38,570 claimed as a payment to the Province of St. Mary of the Capuchin Order and (2) attorney's fees of $28,000 claimed on the estate tax return, of which $9,200 has been allowed by respondent.
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