Estate of Sarah H. Newman, Deceased, Mark M. Newman, Co-Executor and Minna N. Nathanson, Co-Executor - Page 2

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               (4th Cir. 1994), distinguished.  Thus, the funds                       
               represented by the checks written on D's bank account                  
               and not paid until after her death are includable in                   
               her gross estate.  Secs. 2031, 2033, I.R.C.; Estate of                 
               Gagliardi v. Commissioner, 89 T.C. 1207 (1987).                        

               Mark M. Newman (a co-executor), for petitioner.                        
               Charles M. Ruchelman and William J. Gregg, for respondent.             

               RUWE, Judge:  Respondent determined a deficiency in                    
          petitioner's Federal estate tax of $46,724.  After concessions,             
          the sole issue for decision is whether funds in decedent's bank             
          account, upon which checks were written before but paid after               
          decedent's death for purported noncharitable gifts, are                     
          includable in the gross estate.                                             

                                  FINDINGS OF FACT                                    

               Some of the facts have been stipulated.  The stipulation of            
          facts, the supplemental stipulation of facts, the second                    
          supplemental stipulation of facts, and the stipulation of agreed            
          adjustments are incorporated herein by this reference.                      
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect as of the date of decedent's            
          death, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               Sarah H. Newman, hereinafter referred to as decedent, died             
          testate on September 28, 1992.  She was domiciled in Washington,            
          D.C., at the time of her death.  Her son Mark M. Newman (Mark)              




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