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Held: Payments to P in satisfaction of her Florida
elective share are not distributions of income or
amounts properly paid or credited or required to be
distributed to beneficiaries within the meaning of
secs. 661(a), 662(a), I.R.C., and sec. 1.661(a)-2(e),
Income Tax Regs. P’s Florida elective share is
excluded from her gross income.
Kenneth M. Hart and Stephen G. Vogelsang, for petitioner.
Sergio Garcia-Pages and Kenneth A. Hochman, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
BEGHE, Judge: Respondent determined a deficiency of
$201,825 in petitioner's 1989 income tax.1 The issue for
decision is whether distributable net income (DNI) of the estate
of petitioner's deceased husband is included in her gross income
by reason of the payment to her during 1989 of her elective share
of the estate under Florida law. We hold that petitioner is not
required to include any part of the payment of her elective share
in gross income.
1 All section references are to the Internal Revenue Code in
effect for the year in issue, and all Rule references are to the
Tax Court Rules of Practice and Procedure, unless otherwise
indicated.
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