Legal Opinion

In re the Estate of Backus

New York Surrogate's Court

Decided December 9, 1980PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Richard C. Delin, J.

This is a voluntary final accounting by a corporate and two individual coexecutors who elected, pursuant to subdivision (g) of section 642 of the Internal Revenue Code (US Code, tit 26, § 642, subd [g]), to deduct the estate administration expenses on the fiduciary income tax returns for the years 1973 through 1975 inclusive, rather than on the estate tax return. This election is a well-recognized postmortem estate planning device (Metzer, Deduction of an Estate’s Administration Expenses: Section 642(g) of the Internal Revenue Code and Its Impact, 21…

2Cases cited6 opinions

  1. In re the Estate of SuderovNew York Surrogate's Court · 1935
  2. In Re the Estate of SuderovNew York Court of Appeals · 1937
  3. In re the Estate of DickNew York Surrogate's Court · 1961
  4. In re the Estate of HollowayNew York Surrogate's Court · 1972
  5. In re the Estate of LecompteNew York Surrogate's Court · 1966

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3Cited by1 opinion

  1. In re the Estate of DaviesNew York Surrogate's Court · 1990

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