Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 18

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             and as transferees of the assets of decedent's estate.                   
             Respondent also issued notices of deficiency to decedent's               
             other daughters, Celeste Schettig and Honore O'Brien, as                 
             transferees of assets from the estate of Honore, but                     
             limited their liability to $169,404 each.  In addition,                  
             respondent issued notices of deficiency to the four                      
             residuary trusts established in Mr. de St. Aubin's will                  
             as transferees of assets of the estate of decedent.  The                 
             notices limited the trusts' liability to $8,595,606.80                   
             each.  The issue of transferee liability arose by reason                 
             of the transfer of assets to petitioners that respondent                 
             contends are includable in decedent's gross estate.  The                 
             above-named petitioners filed timely petitions with this                 
             Court.  They dispute the entire amounts of the                           
             deficiencies.                                                            

                                       OPINION                                        
             Petitioners request the following three holdings in                      
             their motion for partial summary judgment:                               

                       1. Neither Honore V. de St. Aubin ("Honore")                   
                  nor her Estate had a claim to "delayed income"                      
                  under the New York Principal and Income Act                         
                  (Estates, Powers and Trust Law ["EPTL"] �11-2.1)                    
                  at the date of Honore's death with respect to the                   
                  shares of stock in Modern Globe, Inc. held by the                   
                  estate of her husband, Ovide de St. Aubin                           
                  ("Ovide");                                                          






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