- 13 - finding that petitioner was the surviving spouse and that "the described property passes to her."1 The Estate Tax Return Petitioner included one-half of the value of the Bard property in the gross estate as decedent's interest in that property. Petitioner then deducted the value of that interest as property passing to decedent's spouse. Thus, none of the value of the Bard property was included in decedent's taxable estate. OPINION I. Introduction Decedent died intestate on December 23, 1990, survived by his wife (petitioner), two sons, and grandchildren. Decedent possessed an interest in certain California real property (the 1 A full transcript of the hearing is as follows: THE COURT: John Kenly. MR. KRUM: That matter is ready, your honor. THE COURT: Is there anyone who wishes to be heard in the petition of Betty Kenly to survive under spousal property petition to the property of her husband, John Kenly? MR. KRUM: Your honor, for the record, perhaps the court will note that Betty Kenly is present today, as is Mark Kenly, the son. THE COURT: Anyone who wishes to oppose this petition? The record will show no appearances. Everything appears to be in order. The petition is granted. The court finds that Betty Kenly is the surviving spouse and the described property passes to her. MR. KRUM: Thank you, your honor.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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