Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 30

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                 *  Leon Israel, Jr., died a resident of New Jersey.                                  

                 Petitioners' counsel argues that docket No. 31588-88,                                
           involving the Estate of Leon Israel, Jr., is appealable to the                             
           U.S. Court of Appeals for the District of Columbia Circuit                                 
           because petitioners' counsel, Herbert Stoller, is also a co-                               
           executor of the Estate of Leon Israel, Jr., and resided in                                 
           Bermuda at the time the petition was filed.  In this regard, we                            
           note that the petition in docket No. 31588-88 was filed not by                             
           Herbert Stoller, as executor of the Estate of Leon Israel, Jr.,                            
           but by Barry W. Gray, as executor of the Estate of Leon                                    
           Israel, Jr.                                                                                
           Section 7482(b)(1)(A) provides that decisions of the Tax                                   
           Court may be reviewed by the U.S. Court of Appeals for the                                 
           circuit in which is located:                                                               

                 (A)  in the case of a petitioner seeking                                             
                 redetermination of tax liability other than a                                        
                 corporation, the legal residence of the petitioner,                                  

                Because Herbert Stoller is not a petitioner in docket No.                            
           31588-88, it is unclear whether said docket would be appealable                            
           to the U.S. Courts of Appeals for the Second and/or Third Circuit                          
           or to the U.S. Court of Appeals for the District of Columbia                               
           Circuit.  Accordingly, we are not bound by the opinion of the                              








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