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PASTAN v. PASTAN

378 Mass. 148 (1979)

390 N.E.2d 253

LILLIAN PASTAN & others, executors, vs. LILLIAN PASTAN & others.

Supreme Judicial Court of Massachusetts, Norfolk.

May 21, 1979.

Attorney(s) appearing for the Case

Steven J. Goldberg (Richard J. Litner with him) for the plaintiffs.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & LIACOS, JJ.

KAPLAN, J.

The will of William Pastan was admitted to probate in Norfolk County on May 21, 1973, and in December of that year the plaintiff executors filed a Federal estate tax return claiming a marital deduction3 of $82,193; giving effect to the deduction, they paid an estate tax of $1,683. The Internal Revenue Service (I.R.S.), basing itself on a certain interpretation of the provisions of the will regarding the executors' powers in...

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