Ohio § 5731.16

§ 5731.16.

(A) For purposes of the tax levied by section 5731.02 of the Revised Code , the value of the taxable estate shall be determined by deducting from the value

of the gross estate amounts for the following: (1) Funeral expenses; (2) Administration expenses, excluding the value of any money or property set off and

allowed under section 2106.13 of the Revised Code , to the extent that such expenses have been or will be actually paid; (3) Claims against the estate that are outstanding and unpaid as of the date of decedent's

death; (4) Unpaid mortgages on, or any indebtedness in respect of, property if the value of

the decedent's interest in the property, undiminished by the mortgage or indebtedness,

is included in the value of the gross estate, as are allowable by the laws of this

state. (B) There shall be deducted in determining the taxable estate amounts representing expenses

incurred in administering property not subject to claims which is included in the

gross estate, to the same extent such amounts would be allowable as a deduction under

division (A) of this section if such property were subject to claims and such amounts

are paid before the expiration of the period of limitations provided for in section 5731.38 of the Revised Code . (C) The deduction allowed by this section in the case of claims against the estate, unpaid

mortgages, or any indebtedness, when founded on a promise or agreement, is limited

to the extent that they were contracted bona fide and for an adequate and full consideration

in money or money's worth, except that in any case in which any such claim is founded

on a promise or agreement of the decedent to make a contribution or gift to or for

the use of any donee described in section 5731.17 of the Revised Code for the purposes specified in that section, the deduction is not so limited, but

is limited to the extent that it would be allowable as a deduction under section 5731.17 of the Revised Code if the promise or agreement constituted a bequest. (D) Any income taxes on income received after the death of the decedent, or property

taxes not accrued before his death, or any estate, succession, legacy, or inheritance

taxes, shall not be deductible under this section.