MATTER OF STARRS v. TULLY


67 A.D.2d 784 (1979)

In the Matter of Florence Starrs, as Executrix of Bernard Starrs, Deceased, Appellant, v. James H. Tully, Jr., as Commissioner of The Department of Taxation and Finance, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 18, 1979


Petitioner's decedent died on October 21, 1974 leaving an estate which included $20,040 in cash found in three different safe deposit boxes. Respondent took the position that this money was unreported income for the year 1974 and issued a proposed assessment of $1,614, plus interest against the estate, for the personal income tax due. Prior to the issuance of a statutory notice of deficiency by respondent (Tax Law, § 681), petitioner commenced this proceeding to quash...

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