Submitted By: Art
Answered: September 10, 2013 8:30 am

I inherited my mom’s IRA and some other property. An attorney prepared her estate tax return, but no taxes were due. Can I deduct the attorney’s fees?

Unfortunately, no. The fees were payable by the estate and deductible only by the estate. If there had been a federal estate tax, you would have been entitled to a write-off for the federal estate tax with respect to the IRA. This is because the IRA is income in respect of a decedent (income earned by the person before death that is taxed to someone else after the person’s death).  However, since there was no estate tax, you don’t get any deduction.

advertisement
Tax Glossary

Individual retirement account (IRA)

A retirement account to which up to $4,000 (or $5,000 if you are 50 or over) may be contributed for 2007, but deductions for the contribution are restricted if you are covered by a company retirement plan. Earnings accumulate tax free.

More terms