Estate of Lion v. Commissioner
United States Tax Court
H and W were killed in an airplane crash under circumstances such that there is not sufficient proof to determine the chronology of their deaths. H's will provided for a trust, the net income going to W during her life and upon her death the corpus to be divided into two equal shares, one share for each of H and W's two children.
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H and W were killed in an airplane crash under circumstances such that there is not sufficient proof to determine the chronology of their deaths. H's will provided for a trust, the net income going to W during her life and upon her death the corpus to be divided into two equal shares, one share for each of H and W's two children. H's will further provided that if W shall die under circumstances that there is no sufficient proof to determine the order of the deaths of H and W, then W shall be deemed to survive H. Held, for purposes of calculating a credit for prior estate taxes under sec. 2013…
1Opinion of the Court
OPINION
KeRN, Judge:
The respondent has determined a gross deficiency in Federal estate taxes in the amount of $129,113.71 and a net deficiency of $69,016.76 upon allowing additional credit for State death taxes allowable if substantiated in the amount of $60,097.01.
Petitioner does not contest any of the adjustments in decedent’s taxable estate made by respondent in his “Statement” attached to the notice of deficiency. However petitioner alleges that respondent erred in denying an additional credit in the amount of approximately $121,309.27 under section 2013, I.E.C. 1954,1 based upon the value…
2Cases cited5 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- United States v. Provident Trust Co.Supreme Court of the United States · 1934
- Old Kent Bank and Trust Company v. United StatesDistrict Court, W.D. Michigan · 1968
- Estate of Wien v. CommissionerUnited States Tax Court · 1968
- Estate of Chown v. CommissionerUnited States Tax Court · 1968
3Cited by14 opinions
- Estate of Gloria A. Lion, Deceased, Morton E. Rome and George L. Clarke, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1971
- Estate of La Sala v. CommissionerUnited States Tax Court · 1979
- Estate of Marks v. CommissionerUnited States Tax Court · 1990
- Estate of Harrison v. CommissionerUnited States Tax Court · 2000
- Estate of Goldstone v. CommissionerUnited States Tax Court · 1982
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