Rosalyn Deutsch - Page 2

                                        - 2 -                                         

               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.                                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011