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ESTATE OF WARSHAW v. DIRECTOR, DIV. OF TAXATION

No. A-0884-12T1.

27 N.J. Tax 287 (2013)

ESTATE OF THEODORE WARSHAW, Plaintiff-Respondent, v. DIRECTOR, DIVISION OF TAXATION, Defendant-Appellant.

Superior Court of New Jersey Appellate Division.

Decided June 10, 2013.

Attorney(s) appearing for the Case

Jeffrey S. Chiesa, Attorney General, attorney for appellant (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Heather Lynn Anderson, Deputy Attorney General, on the brief).

Feingold & Edelblum, LLC, attorneys for respondent (David M. Edelblum and Jane I. Glozzy, on the brief).

Before Judges PARRILLO and FASCIALE.

PER CURIAM

Defendant Director, Division of Taxation, appeals from a July 6, 2012 order granting summary judgment to plaintiff Estate of Theodore Warshaw allowing a tax refund in the amount of $88,677. We reverse.

On May 27, 2006, decedent died. At that time, he had owned an Individual Retirement Account (IRA) with Bernard L. Madoff Investment Securities, LLC (BLMIS). During decedent's lifetime, he had invested...

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