Rosalyn Deutsch - Page 9

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          received her elective share on November 3, 1989; $377,753 of                
          income from 2 individual retirement accounts (IRA's), including             
          post mortem interest and other income paid to the estate in 1989;           
          and capital gains of $176,432 that, pursuant to advice from the             
          attorney who drafted decedent’s will, Mr. Deutsch treated as                
          estate income in their entirety.  The capital gains consisted               
          entirely of post mortem asset appreciation that the estate                  
          realized when Mr. Deutsch liquidated estate assets in                       
          anticipation of paying the elective share to petitioner.                    
               On September 13, 1990, petitioner filed her 1989 income tax            
          return, pursuant to extensions.  Petitioner's return did not                
          include the DNI shown by the estate’s fiduciary income tax return           
          as having been distributed to her.  Petitioner's return included            
          a Form 8275 (Disclosure Statement under Section 6661) with a                
          rider that disclosed receipt of the elective share and its                  
          noninclusion in her gross income and also disagreed with                    
          inclusion of the capital gains in estate DNI.                               
               Following dismissal, in March 1990, of her appeal of the               
          Probate Court Order, petitioner sued Mr. Deutsch in the Civil               
          Division of the Circuit Court for the 15th Judicial Circuit for             
          Palm Beach County, Florida.  Petitioner alleged that Mr. Deutsch            
          had violated his fiduciary duty to her by “intentionally                    
          plac[ing] 100% of the income tax burden on [petitioner] and                 







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