Rosalyn Deutsch - Page 8

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          Order, the Probate Court denied petitioner's motion for                     
          appointment of an administrator ad litem.  On October 30, 1989,             
          in response to petitioner's motion for rehearing, the Probate               
          Court amended its order to permit but not require the personal              
          representatives to make distributions to the residuary                      
          beneficiaries during 1989.  Petitioner promptly appealed the                
          modified order.  In January 1990, the Florida Fourth District               
          Court of Appeals dismissed the appeal.  On November 3, 1989,                
          during pendency of the appeal, Mr. Deutsch tendered, and                    
          petitioner accepted payment of the elective share, less amounts             
          left in escrow to pay various State tax liabilities.  The estate            
          paid petitioner the amount that had been fixed by the Agreed                
          Order of September 25, 1989.  It did not include interest from              
          the date of the Agreed Order to the date of payment.                        
               In the 1989 calendar year fiduciary income tax return for              
          decedent's estate, filed August 15, 1990, pursuant to extensions,           
          Mr. Deutsch reported DNI of $707,095, net of tax-exempt interest,           
          and claimed a distribution deduction for that amount pursuant to            
          section 661(a) for the payment to petitioner in satisfaction of             
          her elective share.  Mr. Braunstein did not sign the estate’s               
          fiduciary income tax return.                                                
               The $707,095 of 1989 DNI reported by the estate was divided            
          into three major categories:  Dividend and interest income of               
          $152,910, some of which the estate received after petitioner                





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