-3-
the Internal Revenue Code in effect as of the date of Marguerite B.
Greer’s death. All Rule references are to the Tax Court Rules of
Practice and Procedure. All dollar amounts have been rounded.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. The
stipulation of facts and the attached exhibits are incorporated
herein by this reference.
Background
Petitioner resided in Hot Springs, Virginia, at the time he
filed his petition. He is an attorney engaged in the practice of
law in Bath County, Virginia.1
Petitioner and Faith B. Gardiner were co-executors of the
Estate of Marguerite B. Greer; petitioner was also the attorney of
record for the Estate. Ms. Greer died on April 29, 1976; at the
time of her death, Ms. Greer was a resident of Bath County.
Ms. Gardiner was an adopted child of Ms. Greer and was the
sole beneficiary of Ms. Greer’s estate. Ms. Gardiner resided in
New Jersey at all relevant times.
During 1978, Ms. Gardiner took Estate assets to her residence
in New Jersey to have them appraised. The property was stolen
during a burglary of Ms. Gardiner’s home. A $38,000 theft loss was
claimed on the estate tax return.
1 During most of the period of time relevant to this
case, petitioner was the prosecuting attorney for Bath County,
Virginia, an elected position. He had a private law practice on
the side.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011