- 9 - 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 lessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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