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MATTER OF LECOMPTE

52 Misc.2d 549 (1966)

In the Matter of The Estate of Francis D. Lecompte, Deceased.

Surrogate's Court, New York County.

October 28, 1966

Attorney(s) appearing for the Case

Perkins, Daniels & McCormack (John M. Whelan of counsel), for objectant. Irving Saltzman, special guardian. Schaefer & Gallo for trustees. Ludwig Teller, special guardian.

S. SAMUEL DI FALCO, S.

In this intermediate accounting by trustees, the income beneficiary has objected to the allocation against income of the Federal and New York State income taxes for the year 1961 and of a portion of the Federal income taxes for the years 1962 and 1963. The factual situation which gave rise to the allocation of the tax is similar to that which prompted the litigation in Matter of Dick (29 Misc.2d 648

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