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MATTER OF CHIMSANTHIA

File No. 2017-4536/F. Appeal No. 14776. Case No. 2020-03908.

200 A.D.3d 450 (2021)

160 N.Y.S.3d 3

2021 NY Slip Op 06796

In the Matter of Nittaya Chimsanthia et al., Preliminary Executors of the Will of Joseph Scott, Deceased, Respondents, to Compel Turnover of Decedent's Property Held by Lawrence Scott and Bridget Larigan, as Preliminary Co-Executors of the Estates of Theresa Scott and Joseph Scott, Deceased, Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 7, 2021.

Attorney(s) appearing for the Case

Wiggin and Dana LLP, New York ( Steven B. Malech of counsel), for appellants.

Citak & Citak, New York ( Donald L. Citak of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.

Under the doctrine of tax estoppel, petitioners, executors of Joseph Scott, Jr.'s estate, are precluded from arguing that, in exchange for respondents' decedents' transfer to Joseph Scott, Jr. of an interest in their Amagansett property, Joseph Scott, Jr. had promised to pay them proceeds from a sale of his property (the Woodbine property). The argument is "logically incompatible" with tax forms Joseph Scott, Jr. signed that state...

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