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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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