Robert Joseph Looby and M. Patricia Looby - Page 9

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          Estate v. Commissioner, 332 F.2d 144, 151 (5th Cir. 1964) (cited            
          in Boagni v. Commissioner, supra at 713); Barr v. Commissioner,             
          T.C. Memo. 1989-420.  The line  demarking deductible from                   
          nondeductible expenditures is often shadowy and "It would be idle           
          to suggest that all the authorities in this field can be                    
          reconciled."  Ruoff v. Commissioner, 30 T.C. 204, 208 (1958),               
          revd. and remanded on other grounds 277 F.2d 222 (3d Cir. 1960).            
               Under her mother's will, petitioner was to receive both a              
          specific bequest of bank account funds and also a portion of the            
          "rest, residue and remainder" of the estate.                                
               In both the action to remove the executors and the action in           
          objection to the executors' accounting petitioner was acting to             
          protect her interest as a residuary beneficiary of the estate.              
          Therefore, the origin of petitioner's claims was as a residuary             
          legatee, one who takes what remains, or a portion of what remains           
          of the estate after the satisfaction of all other gifts, charges,           
          losses and expenses.  See In re Langdon's Will, 50 N.Y.S.2d 100             
          (Sur. Ct. 1943).  A gift of the residue of an estate does not               
          dispose of any specific article of property and is payable out of           
          the estate in general.  Application of Osterhoudt, 118 N.Y.S.2d             
          879, 882 (Sur. Ct. 1953); In re Ruben's Will, 115 N.Y.S.2d 228,             
          233 (Sur. Ct. 1952).                                                        
               The character of the claims raised in both actions by                  
          petitioner centers around allegations of excessive fees paid out            
          of the estate and the alleged sale of estate property at less               




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