Deductibility of accountant fee in 2011 for trust theoretically probated/distributed/ etc in 2008

My father's estate passed to his widow who died in 2008. It was quite complicated, with assorted trusts for purposes of minimizing taxes, I believe. The executor was/is a family friend/lawyer; he hired an estate specialist and an accountant to work thru the mess. We thought it was done and all the proceeds properly distributed and the administrative trust that had been established to handle it was closed in 2008..

Sometime in 2010, the state of Louisiana sent the 3 heirs, myself being one of them, that because the administrative trust had been set up in Louisiana (the executor lived there), we owed Louisiana *income* taxes even though none of the money derived from the trust was earned there (all in California). Another accountant had to be hired to get Louisiana to back down from their position. We 3 heirs are now being billed our proportionate share of the total bill ($300) for fighting this case, because the executor says, I think correctly, that if the trust was still open, it would have had to pay the expense.

I'm not quibbling at my $75 piece of the cost, but am wondering if it can be deducted from anything on Schedule A in 2011. What category would it fall under, if it does?

Thanks,

jo

Reply to
jo
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On Schedule A as a miscellaneous itemized deduction subject to the 2% of AGI floor.

Reply to
D. Stussy

Why can't the trust deduct it from its income? Presumably the trust has dividend income, interest income, etc.

Reply to
removeps-groups

It sounds like the trust ended in 2008. The fee was paid in 2010.

-Mark B.

Reply to
Mark Bole

The trust ended (totally distributed), as you said, in 2008. The fee was assessed to us about a week ago, so it would be a 2011 expense. We even had a situation last year where we had to forego a few hundred $ in income from residuals from a law textbook that my father wrote decades ago because the expense of reopening the trust to receive the income would have been more than what we would have gotten. The publisher got to keep it. These trusts are SO intricate :{

jo

Reply to
jo

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