In re the Estate of Whalen

Harry G. Herman, S.

This is an appeal (Tax Law, § 249-x) by the executrix from the pro forma order of this court, dated February 28, 1963, assessing the estate tax in this estate, which included as an unreported asset of the estate $61,495 as the value of the good will of the decedent’s business.

The decedent was the sole proprietor of a funeral home on premises owned by him, in which he also resided, situated in a residential district in the City of Yonkers, located between two churches and which, because of zoning restrictions, had only one competitor, three blocks away. The decedent had been…