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During his life, D conveyed land to B by means of an invalid conveyance. After D's death, his executor sued to recover the land. A

During his life, D conveyed land to B by means of an invalid conveyance. After D's death, his executor sued to recover the land. A lower state court ruled against the executor, and the case was not appealed? Property owned by a decedent at his death is subject to estate taxation. Do you think that the land will be taxable to D's estate? Would your answer be different if during his life, D had unsuccessfully sued B to recover the land?

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