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  5. 51 Misc.2d 742 (1966)
 

MATTER OF PHELAN

51 Misc.2d 742 (1966)

In the Matter of The Estate of Thomas W. Phelan, Deceased.

Surrogate's Court, Rensselaer County.

October 17, 1966

Attorney(s) appearing for the Case

John P. Taylor for State Tax Commission. George S. Lettko for estate of Thomas W. Phelan, deceased.

A. FRANKLIN MAHONEY, S.

This is an appeal from the pro forma order fixing the New York estate tax in this matter in the sum of $2,419.19. Said order was made and entered on June 27, 1966.

In that order an insurance exemption in the amount of $43,899 was allowed. The Tax Commission takes the position that the insurance credit was excessive. The issue was joined in the following manner.

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