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MATTER OF LIEHS

132 A.D.2d 1002 (1987)

In the Matter of The Estate of Kurt O. Liehs, Deceased. State Tax Commission, Appellant; Helen T. Liehs, as Executrix of Kurt O. Liehs, Deceased, Respondent

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

July 10, 1987

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

The New York State Tax Commission contends that Surrogate's Court erred in denying its motion for a supplemental order fixing tax in the estate of Kurt O. Liehs. We agree.

After the death of Kurt O. Liehs on November 17, 1979, his executrix filed a Federal estate tax return indicating a taxable estate of $131,037.07 with no Federal estate tax due. Based on this return...

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