Estate of Warshaw v. Director

ANDRESINI, J.T.C.

This is the court’s opinion in connection with the parties’ respective motions for summary judgment in the above-referenced matter. Plaintiff, the Estate of Theodore Warshaw (“the Estate” or “Plaintiff’), and the defendant, Director, Division of Taxation (“the Director”), filed cross-motions for summary judgment with regard to the Director’s denial of a $88,677 refund claim made by the Estate.

Plaintiff was a victim of the Bernard L. Madoff (“Madoff’) Ponzi scheme.1 Plaintiff asserts that Plaintiffs estate tax return overstated the true value of the net estate because the…