ESTATE OF WALSH v. COMMISSIONER
United States Tax Court
H and W formed a trust to hold their property during their lives. The trust agreement provided that the property would pass to two trusts (A and B) upon the death of the first spouse, and that the surviving spouse, while competent, was entitled during life to A's income and corpus.
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H and W formed a trust to hold their property during their lives. The trust agreement provided that the property would pass to two trusts (A and B) upon the death of the first spouse, and that the surviving spouse, while competent, was entitled during life to A's income and corpus. The trust agreement provided that, upon the death or incompetency of the surviving spouse, A's property would be distributed to the persons chosen by the surviving spouse, and, if no such persons were chosen, in six equal shares to the children of H and W. W died before H, and W's estate claimed the marital…
1Opinion of the Court
OPINION
Laro, Judge:
This case was submitted to the Court without trial. See Rule 122. The Estate of Dorothy M. Walsh, Deceased, Charles E. Walsh, Personal Representative, petitioned the Court to redetermine respondent’s determination of a $291,651 deficiency in Federal estate tax. We must decide whether certain property is eligible for the marital deduction under section 2056(a). We hold it is not.
Unless otherwise indicated, section references are to the applicable provisions of the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. Decedent references…
2Cases cited15 opinions
- Jackson v. United StatesSupreme Court of the United States · 1964
- T. Everett Starrett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1955
- Elizabeth Joan Allen and Alice Edna Stuhmer, Individually and as Executrices of the Estate of Chester A. Allen, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1966
- Estate of Edward A. Cunha, Deceased, Bank of America, National Trust and Savings Association v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
- Tingley v. CommissionerUnited States Tax Court · 1954
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3Cited by1 opinion
- ESTATE OF WALSH v. COMMISSIONERUnited States Tax Court · 1998