Reburial as an estate expense/deduction

I am a personal representative of an estate in Indiana. I buried the decedent and later reburied her. I claimed both as expenses/deductions of the estate. The IRS attorney reviewing the 706 said that she would only allow reburial as an expense of the estate if I could show that it had been allowed on any other estate.

(01-31-2001)


Please help clarify by explaining why was the reburial done and what year it was done in.

Sounds like the IRS agent is trying to get you on a techicality but it may be a valid reason anyhow--the only thing is that it is how the rules are interpreted. It may take a little bit of work or legal research (checking case law), but it is possible that you might find such documentation in the file of another estate. Would it be worth the time and effort to do so? How much is the IRS asking for you to repay?

You may want to consider speaking with a local ENROLLED IRS AGENT to get their opinion on how you can challenge this. You should be able to find such a person in the yellow pages in the ACCOUNTANTS or TAX ACCOUNTANTS Section.

SINCERELY,

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