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ESTATE OF WARSHAW v. DIRECTOR, DIV. OF TAXATION

No. A-0884-12T1.

27 N.J. Tax 287 (2013)

ESTATE OF THEODORE WARSHAW, Plaintiff-Respondent, v. DIRECTOR, DIVISION OF TAXATION, Defendant-Appellant.

Superior Court of New Jersey Appellate Division.

Decided June 10, 2013.

Attorney(s) appearing for the Case

Jeffrey S. Chiesa , Attorney General, attorney for appellant ( Lewis A. Scheindlin , Assistant Attorney General, of counsel; Heather Lynn Anderson , Deputy Attorney General, on the brief).

Feingold & Edelblum, LLC, attorneys for respondent ( David M. Edelblum and Jane I. Glozzy , on the brief).

Before Judges PARRILLO and FASCIALE.

PER CURIAM

Defendant Director, Division of Taxation, appeals from a July 6, 2012 order granting summary judgment to plaintiff Estate of Theodore Warshaw allowing a tax refund in the amount of $88,677. We reverse.

On May 27, 2006, decedent died. At that time, he had owned an Individual Retirement Account (IRA) with Bernard L. Madoff Investment Securities, LLC (BLMIS). During decedent's lifetime, he had invested...

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