Estate of Ethel M. Cumber Wilson, Deceased, Ethel C. Kelly and Dennis I. Belcher, Co-Executors - Page 2

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          The parties have by way of settlement or concession disposed of             
          all but one of the issues raised in the notice of deficiency.               
          The issue remaining for decision is whether petitioner is                   
          entitled to deduct claims against decedent's estate made by David           
          and Daniel Griffith in the amounts that were ultimately paid to             
          the claimants.  This case was submitted fully stipulated.                   

                                     Background                                       

               Ethel M. Cumber Wilson (decedent) died a resident of                   
          Richmond, Virginia, on October 3, 1992.  Decedent was a widow and           
          was survived by her only child, Ethel C. Kelly (Mrs. Kelly).                
          Decedent's will dated July 20, 1989, was probated in the Circuit            
          Court of the City of Richmond.  Under her will, decedent made               
          specific cash bequests to certain individuals totaling $240,000,            
          including a cash bequest of $100,000 to Daniel Griffith.  She               
          gave the balance of her estate to Mrs. Kelly.  Decedent's will              
          named Mrs. Kelly as executor and granted Mrs. Kelly the power to            
          designate a coexecutor.  Dennis I. Belcher of Richmond, Virginia,           
          was named to serve as coexecutor.                                           
               During decedent's lifetime, David Griffith and Daniel                  
          Griffith assisted her in various personal and financial matters.            
          David and Daniel were brothers.  David assisted decedent from               

               1(...continued)                                                        
          death, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     




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