Estate of Harper v. Commissioner
United States Tax Court
Surviving spouse elected to take against decedent's will, which contained a residuary clause pouring over assets to a valid inter vivos trust. Held, under local law, surviving spouse's election against the will did not affect her right to receive income as a beneficiary of the separate and independent trust.
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Surviving spouse elected to take against decedent's will, which contained a residuary clause pouring over assets to a valid inter vivos trust. Held, under local law, surviving spouse's election against the will did not affect her right to receive income as a beneficiary of the separate and independent trust. Held, further, residuary estate bequeathed to the trust "passed from the decedent" to the surviving spouse within the meaning of sec. 2056, I.R.C., and the regulations thereunder and is qualified terminable interest property within the meaning of sec. 2056(b)(7)(B), I.R.C., since all…
1Opinion of the Court
Estate of W.L. Harper, Deceased, Fred R. Veith, Coexecutor and Robert O. Edington, Coexecutor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Harper v. Commissioner
Docket No. 34901-87
United States Tax Court
93 T.C. 368; 1989 U.S. Tax Ct. LEXIS 128; 93 T.C. No. 32;
September 21, 1989September 21, 1989, Filed
Decision will be entered under Rule 155.
Surviving spouse elected to take against decedent's will, which contained a residuary clause pouring over assets to a valid inter vivos trust. Held, under local law, surviving spouse's election against the will did not affect her…
2Cases cited10 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Olmsted v. OlmstedSupreme Court of the United States · 1910
- Ward v. CommissionerUnited States Tax Court · 1986
- Webb v. St. Louis County National BankMissouri Court of Appeals · 1977
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