Maguire Estate v. Director of the Division of Taxation

LASSER, P.J.T.C.

In this action the executor under the will of Josephine Maguire contests a New Jersey transfer inheritance tax assessment on transfers of cash and stock by decedent to her family members. The New Jersey Transfer Inheritance Tax Bureau found these transfers to be taxable as gifts made in contemplation of death. Taxpayer has moved for summary judgment on the ground that the subject gifts are not a “material part” of decedent’s estate and therefore the transfers are not subject to tax.

Decedent died on January 17, 1985 at age 87, leaving a will dated March 13, 1984. Decedent’s…