In re the Estate of Barnett

OPINION OF THE COURT

Bertram R Gelfand, S.

This is a motion to fix the nonresident estate tax pursuant to section 960 of the Tax Law upon real property located at 901 Walton Avenue, Bronx, New York. Decedent died on October 11, 1973, a resident of the State of Florida. Petitioner and the State Tax Commission take opposing positions, both as to the proper method to compute the tax and the values to be used in the computation.

In Schedule A of the Federal estate tax return, as originally filed, the real property was listed as having a value of $274,-953. A deduction for the mortgage on the real…