- 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