The Decree of the Surrogate's Court dated July 27, 1950 directed the following payments to be made from the principal of the trust estate: 1. Principal receiving commuissions of the Trustees in the aggregate amount of $39,651.06 of which $13,217.02 was payable to each of the three Trustees. 2. Compensation of the three Special Guardians in the proceeding in the amount of $1,650 to each. 3. Compensation and disbursements to O'Connor & Farber for legal services in the amount of $12,000. All of the foregoing payments have been made. The usual form of receipt covering the payment of commissions is submitted herewith for the signature of each Trustee. Under the terms of the said Decree dated July 27, 1950 the Trustees were directed to abandon any and all claims of the estate based upon Section A21 of the Internal Revenue Code relating to refund of income taxes and the abandonment of any and all claims based upon Section 939 of the Internal Revenue Code relating to refund of estate taxes was approved. Fee the purpose of filing the necessary proof to obtain an order of compliance with the Decree, it is proposed that the Trustees adopt a formal resolution substantially as follows: "RESOLVED, that in compliance with the directions contained in the Decree of the Surrogate's Court, Dutchess County dated July 27, 1950, any and all claims of the estate based upon Section 421 of the Internal Revenue Code relating to refund of income taxes and Section 939 of the Internal Revenue Code relating to refund of estate taxes be and the same hereby are abandoned for all purposes as uncollectible and unenforceable and that said claims shall not be further prosecuted in any manner whatsoever." (MORE) |