Awtry v. Commissioner
United States Tax Court
Estate Tax -- Marital Deduction, Sec. 812 (e) (1) (A), I. R. C. -- Life Estate or Other Terminable Interest, Sec. 812 (e) (1) (B), I. R. C. -- The decedent and his wife owned United States savings bonds registered in coownership form, a joint bank account, and real estate as joint tenants, all the consideration for which was furnished by the decedent.
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Estate Tax -- Marital Deduction, Sec. 812 (e) (1) (A), I. R. C. -- Life Estate or Other Terminable Interest, Sec. 812 (e) (1) (B), I. R. C. -- The decedent and his wife owned United States savings bonds registered in coownership form, a joint bank account, and real estate as joint tenants, all the consideration for which was furnished by the decedent. They executed a joint and mutual will declaring they owned all their property jointly, and agreeing that the survivor should have the use, income, and control thereof for life. After the survivor's death all property was to be sold by trustees…
1Opinion of the Court
OPINION.
Teetjens, Judge:
Respondent determined a deficiency in estate tax of $3,825.27. Several adjustments have been agreed upon and can be reflected in a Rule 50 computation.
The issue for decision is whether a marital deduction may properly be claimed for the following items of property: (1) United States savings bonds held by decedent and his wife in coownership form, i. e., “Mr. or Mrs.”; (2) a joint bank account; and (3) real estate held as joint tenants. The decedent furnished all the consideration for these properties.
All of the facts have been stipulated and the stipulation is adopted…
2Cases cited11 opinions
- Helvering v. StuartSupreme Court of the United States · 1942
- Baker v. SyfrittSupreme Court of Iowa · 1910
- Anderson v. AndersonSupreme Court of Iowa · 1917
- Chase v. LeiterCalifornia Court of Appeal · 1950
- Union National Bank v. JessellSupreme Court of Missouri · 1948
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shedd v. CommissionerUnited States Tax Court · 1954
- Estate of Emmet Awtry, Deceased, Nellie Awtry v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1955
- Estate of Vermilya v. CommissionerUnited States Tax Court · 1963
- In Re Estate of CroulekSupreme Court of Iowa · 1961
- Peterson v. CommissionerUnited States Tax Court · 1955
7 more not listed; retrieve them via the Exa API.