T.C. Memo. 1997-470
UNITED STATES TAX COURT
ROSALYN DEUTSCH, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 21845-93. Filed October 15, 1997.
Decedent (D), who died in 1988, bequeathed his
spouse (P) minimal assets from a net estate of
$3,361,683. In 1989, P elected against D's will to
take the Florida elective share of 30 percent of the
net estate, or $1,008,504. The estate reported 1989
distributable net income (DNI) of $707,095, including
$176,432 of capital gains that D's personal
representative treated as estate income, and $377,753
of distributions to the estate from D's individual
retirement accounts. Pursuant to order of the Florida
Probate Court, D's personal representative paid P the
elective share in 1989, but made no distributions to
the residuary beneficiaries until 1990. The personal
representative claimed a distribution deduction of
$707,095 for 1989 under sec. 661(a), I.R.C., on the
ground that all the estate's DNI had been included in
the payments to P in satisfaction of her elective
share. P did not include in her gross income any part
of the elective share.
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