SICARDI v. DIRECTOR, DIV. OF TAX.

No. 000599-2010.

26 N.J. Tax 74 (2011)

DANIEL SICARDI, EXECUTOR OF THE ESTATE OF CHARLOTTE GEER, Plaintiff, v. DIRECTOR, DIVISION OF TAXATION, Defendant.

Tax Court of New Jersey.

April 27, 2011.


Attorney(s) appearing for the Case

Daniel Sicardi for plaintiff (Self-Represented).

Heather Lynn Anderson for defendant ( Paula T. Dow , Attorney General of New Jersey, attorney).


NARAYANAN, J.T.C.

Plaintiff ("Mr. Sicardi") appeals the Defendant's denial of deductions for attorney fees and executor's commissions from the gross taxable estate of the decedent, which if permitted, would provide him an increased inheritance tax refund. Since Mr. Sicardi was not an executor when he incurred attorney fees in a will contest proceeding, and agreed to bear his own legal expenses in that proceeding, the court finds that the Defendant ("Director") correctly...

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