Estate of Johnson v. Commissioner
United States Tax Court
Held, the homestead rights created under Texas law are to be considered in determining the value of homestead property included in the gross estate, and the value of such property is less than the value of the same property unencumbered by homestead rights. Estate of Hinds v. Commissioner, 11 T.C. 314 (1948), affd. on another issue 180 F.2d 930 (5th Cir. 1950), overruled.
1Opinion of the Court
OPINION
Ekman, Judge:*
Respondent determined a deficiency of $51,687 in petitioner’s Federal estate tax. Concessions having been made by the parties, the sole issue remaining for decision is whether the date of death value of homestead property owned by decedent should be reduced or discounted on account of the homestead rights of decedent’s surviving spouse.
All of the facts have been stipulated and are so found. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference. The pertinent facts are summarized below.
Lolita McNeill Muhm (hereinafter petitioner)…
Also in this document: Dissent.
2Cases cited37 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Lang v. CommissionerSupreme Court of the United States · 1938
- Estate of Smith v. CommissionerUnited States Tax Court · 1972
- Estate of David Smith, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1975
32 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Estate of Kyle v. CommissionerUnited States Tax Court · 1990
- Estate of Helen M. Johnson, Deceased, Lolita McNeill Muhm, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
- Estate of Carli v. Comm'rUnited States Tax Court · 1985
- Estate of Luton v. CommissionerUnited States Tax Court · 1994
- Estate of Snider v. CommissionerUnited States Tax Court · 1985
8 more not listed; retrieve them via the Exa API.