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IN RE ESTATE OF TALAKOWITSH

127 N.J. Super. 290 (1974)

317 A.2d 371

IN THE MATTER OF THE TRANSFER INHERITANCE TAX ASSESSMENT IN THE ESTATE OF GEORGE TALAKOWITSH, SONJA TALAKOWITSH, EXECUTRIX OF THE ESTATE OF GEORGE TALAKOWITSH, DECEASED, APPELLANT, v. SIDNEY GLASER, DIRECTOR OF THE NEW JERSEY DIVISION OF TAXATION AND NICHOLAS G. MAIDA, STATE SUPERVISOR OF THE NEW JERSEY INHERITANCE TAX BUREAU, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Resubmitted March 25, 1974.

Decided March 26, 1974.

Attorney(s) appearing for the Case

Frankel & Frankel, attorneys for appellant (Mrs. Esther S. Frankel, on the brief).

Mr. George F. Kugler, Jr., Attorney General, attorney for respondents (Mr. Stephen Skillman, First Assistant Attorney General, of counsel; Mr. Michael E. Goldman, Deputy Attorney General, on the brief).

Before Judges COLLESTER, LYNCH and MICHELS.

PER CURIAM.

This is an appeal from a decision of the Transfer Inheritance Tax Bureau (Bureau) concerning the amount of allowable deduction for executor's commissions in determining the inheritance tax in the estate of George Talakowitsh. The issue is whether, in the absence of a court allowance of executor's commissions, the Director of the Division of Taxation (Director) may prescribe by regulation the amount of the allowable deduction for such commissions. We are...

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