Estate of Le Caer v. Comm'r
United States Tax Court
Husband (H) and wife (W) established an inter vivos trust that was to be split into four shares upon the death of the first spouse to die. After H's death the trustees made a qualified terminable interest property (QTIP) election with respect to a portion of one share of the trust. W received a life estate in the remaining portion of that share, but this portion purposefully did not qualify for a marital deduction. H's estate paid Federal and State estate taxes.
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Husband (H) and wife (W) established an inter vivos trust that was to be split into four shares upon the death of the first spouse to die. After H's death the trustees made a qualified terminable interest property (QTIP) election with respect to a portion of one share of the trust. W received a life estate in the remaining portion of that share, but this portion purposefully did not qualify for a marital deduction. H's estate paid Federal and State estate taxes. W died less than 3 months after H died. On W's Federal estate tax return W's estate claimed the amounts that H's estate paid as…
1Opinion of the Court
ESTATE OF LUCIEN J. LE CAER, DECEASED, LORRAINE LE CAER-DOMINI, CO-TRUSTEE AND DENISE LE CAER STAGNER, CO-TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent;
ESTATE OF MARIE L. LE CAER, DECEASED, LORRAINE LE CAER-DOMINI, CO-TRUSTEE AND DENISE LE CAER STAGNER, CO-TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Estate of Le Caer v. Comm'r
Docket Nos. 29631-07, 30041-07
United States Tax Court
135 T.C. 288; 2010 U.S. Tax Ct. LEXIS 30; 135 T.C. No. 14;
September 7, 2010, Filed
Decision will be entered for petitioner in docket No. 29631-07. Decision will be entered…
2Cases cited5 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
- Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
- Estate of Harrison v. CommissionerUnited States Tax Court · 2000
- Estate of Le Caer v. Comm'rUnited States Tax Court · 2010