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MATTER OF PIONZIO

41 Misc.2d 540 (1963)

In the Matter of The Estate of Margherita Pionzio, Deceased.

Surrogate's Court, Bronx County.

December 20, 1963

Attorney(s) appearing for the Case

Harold Vogel for Celestino Pionzio, petitioner. Solon S. Kane for State Tax Commission.

CHRISTOPHER C. McGRATH, S.

This is an appeal from a pro forma order made and entered on April 5, 1963 assessing the tax in this estate in the amount of $424.08. The taxing order allowed the surviving spouse a marital deduction in excess of $20,000 pursuant to the provisions of subdivision 3 of section 249-s of the Tax Law. The pertinent provisions of this section read as follows:

"Net Estate: * * * "3. (a) An amount equal to...

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