MATTER OF BACKUS


106 Misc.2d 463 (1980)

In the Matter of The Estate of Louise L. Backus, Deceased.

Surrogate's Court, Nassau County.

December 9, 1980


Attorney(s) appearing for the Case

Windels, Marx, Davies & Ives for petitioners. Robert J. Pape, guardian ad litem.


RICHARD C. DELIN, J.

This is a voluntary final accounting by a corporate and two individual coexecutors who elected, pursuant to subdivision (g) of section 642 of the Internal Revenue Code (US Code, tit 26, § 642, subd [g]), to deduct the estate administration expenses on the fiduciary income tax returns for the years 1973 through 1975 inclusive, rather than on the estate tax return. This election is a well-recognized postmortem estate planning device...

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