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  5. 148 Misc.2d 132 (1990)
 

MATTER OF COVEN

148 Misc.2d 132 (1990)

In the Matter of The Estate of Rose A. Coven, Deceased.

Surrogate's Court, New York County.

August 14, 1990

Attorney(s) appearing for the Case

Greenfield Eisenberg Stein & Senior (Gary B. Freidman and Barbara Levitan of counsel), for executors. Etra & Etra for objectant.

RENEE R. ROTH, S.

At issue here is a novel question of tax apportionment, namely, whether the donee of lifetime gifts is required to pay the additional tax where the inclusion of such gifts grosses-up the estate into a higher tax bracket.

Testatrix, Rose Coven, died on August 17, 1982. Her will divided her estate between her son Stuart and her daughter Roberta. To Roberta, Mrs. Coven left her residuary...

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