Estate of Marie A. Maniglia, Deceased, Joseph S., Maniglia, Executor - Page 2

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          amended, and all Rule references are to the Tax Court Rules of              
          Practice and Procedure.                                                     
                                     Background                                       
               Some of the facts and certain exhibits have been stipulated.           
          The parties’ stipulations of fact are incorporated in this                  
          opinion by reference and are found as facts in the instant case.            
          At the time of filing the petition in the instant case, Joseph S.           
          Maniglia1 resided in Wareham, Massachusetts.  The decedent died             
          on July 11, 1999.  At the time of her death, the decedent resided           
          in Somerville, Massachusetts.  The decedent was a widow whose               
          husband, Angelo Maniglia, died in 1971.  The decedent had two               
          sons, Frank A. Maniglia and Joseph S. Maniglia.  Frank A.                   
          Maniglia was involved in a small plane crash in 1985, and his               
          body was never recovered.  The decedent was survived only by                
          Joseph S. Maniglia, who is the executor of her estate.                      
               The real estate at 7 Commonwealth Avenue, Boston,                      
          Massachusetts, was a multi-unit, residential, rental apartment              
          building (the property).  On May 25, 1977, Henry Fluster conveyed           
          the property to the decedent and Frank A. Maniglia as joint                 
          tenants for $200,000.  The deed was properly recorded in the                
          Suffolk County, Massachusetts, Registry of Deeds (the registry).            


               1 The caption on the petition incorrectly stated the                   
          executor’s name to be “Joseph A. Maniglia”.  The caption has been           
          amended, by order, to correctly state the executor’s name as                
          “Joseph S. Maniglia”.                                                       





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