Estate of Becker v. Director, Division of Taxation

BIANCO, J.T.C.

This is the court’s determination regarding the motion for summary judgment filed by plaintiff, Estate of Lillian Becker (“Estate”), and the cross-motion for summary judgment filed by defendant, Director, Division of Taxation (“Director”).

The issue to be determined is whether the allowable deduction for an administrator’s commission under N.J.S.A. 54:34-5(e), is calculated as a percentage of the gross fair market value of real estate owned by the decedent, or the net value of that real estate, less the outstanding mortgage payable at the time the administrator sold the real…