- 2 - (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)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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