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