Estate of Martin J. Machat, Deceased, Avril Giacobbi and Eric R. Sklar, Executors - Page 2

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                  Following the estate's concession as to the 1988 and 1989                             
            additions to tax, the remaining issue is whether the fund                                   
            transfers from M.J. Machat Management Corp. Pension Plan and                                
            Trust (the Plan and Trust) to a temporary administrator were                                
            includable in the estate's gross income upon receipt by the                                 
            temporary administrator.  We hold they were.  Unless otherwise                              
            stated, section references are to the Internal Revenue Code in                              
            effect for the years in issue.  Rule references are to the Tax                              
            Court Rules of Practice and Procedure.                                                      
                                             Background                                                 
                  This case was submitted fully stipulated under Rule 122.                              
            The stipulation of facts and the exhibits submitted therewith are                           
            incorporated herein by this reference.  When the petition was                               
            filed, Avril Giacobbi (Ms. Giacobbi) resided in London, England,                            
            and Eric R. Sklar (Mr. Sklar) resided in Wantaugh, New York.                                
                  Martin J. Machat (decedent) died of lung cancer on March 19,                          
            1988, at the age of 67.  Decedent's last will and testament                                 
            (will), dated March 4, 1988, was propounded by Ms. Giacobbi, who                            
            was decedent's companion at the time of his death.  After                                   
            decedent's death, his estranged wife Roslyn Machat (Ms. Machat)                             
            brought suit to set aside a separation agreement entered into                               
            between Ms. Machat and decedent on July 3, 1984.  Litigation was                            
            also brought by Ms. Machat and decedent's and Ms. Machat's                                  
            children to deny probate of the will.  Since probate of                                     





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