HEINE v. TAXATION DIV. DIRECTOR


10 N.J. Tax 435 (1989)

FREDERICK E. HEINE, WILLIAM A. HEINE, III, AND ROBIN PETERSON, CO-EXECUTORS FOR THE ESTATE OF WILLIAM A. HEINE, JR., PLAINTIFFS, v. DIRECTOR OF NEW JERSEY DIVISION OF TAXATION, DEFENDANT.

Tax Court of New Jersey.

May 10, 1989.


Attorney(s) appearing for the Case

Bruce E. Mantell, for plaintiffs (Norris, McLaughlin & Marcus, attorneys).

Mary R. Hamill, for defendant (Peter N. Perretti, Jr., Atty. Gen., attorney).


LASSER, P.J.T.C.

In their complaint, plaintiffs, executors of the estate of William A. Heine, Jr., deceased ("decedent"), contest the determination of the Director of the Division of Taxation that the transfer to decedent's former spouse of a life estate in a testamentary trust is taxable as a transfer intended to take effect at death. The executors did not include the value of the life estate in the inheritance tax return on the ground that, prior to his death, decedent...

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