Estate of Martin J. Machat, Deceased, Avril Giacobbi and Eric R. Sklar, Executors - Page 4

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            action.  Mr. Corn then asked the judge presiding over the will                              
            contest to direct the custodian to turn over the funds to                                   
            Mr. Corn, and the judge granted Mr. Corn's request on December                              
            22, 1988.  The surrogate's court judge's order reads as follows:                            
                  I direct the Financial Institution to turn over the                                   
                  funds held in the name of the Employer to the                                         
                  fiduciary.  The fact that I am directing that the funds                               
                  to be turned over to the fiduciary is not a                                           
                  determination of who shall ultimately be entitled to                                  
                  the funds.  We are putting them there in order that                                   
                  they be placed in some interest-bearing accounts and so                               
                  forth, and in order to enable the fiduciary to make                                   
                  payments.                                                                             
            In response thereto, the custodian made the following                                       
            distributions to Mr. Corn:  $91,902 on December 28, 1988; and                               
            $485,000, $20,000, and $485,390 on January 12, March 30, and                                
            April 20, 1989, respectively.                                                               
                  Mr. Corn, in his capacity as the estate's temporary                                   
            administrator and fiduciary, filed the estate's 1988 and 1989                               
            Fiduciary Income Tax Returns, Forms 1041, in March 1991.1  None                             
            of the pension funds were included as gross income on either of                             
            these returns.  As to both years, the estate attached a                                     
            disclosure statement acknowledging the temporary administrator's                            
            receipt of the funds but asserting that the receipt of the funds                            
            was merely a change in custodial agent and not a taxable                                    
            distribution.  The 1988 and 1989 tax returns did report interest                            
            income earned on the funds.  Mr. Corn also filed the estate's                               

                  1  The estate is a cash basis taxpayer.                                               




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