Estate of Hubert v. Commissioner
United States Tax Court
Pursuant to a good faith settlement of a will contest alleging undue influence, decedent's 1982 will and codicils thereto were amended to provide, inter alia, for the division of the residuary estate into marital and charitable portions with the allocation of principal, accumulated income, and expenses to each.
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Pursuant to a good faith settlement of a will contest alleging undue influence, decedent's 1982 will and codicils thereto were amended to provide, inter alia, for the division of the residuary estate into marital and charitable portions with the allocation of principal, accumulated income, and expenses to each. Held, the amounts passing to the marital and charitable shares are those in the settlement agreement and are not limited to the amounts that would have passed under the 1982 will and codicils. Held, further, the marital and charitable deductions are to be reduced only by the portion of…
1Opinion of the Court
OPINION
Clapp, Judge:
Respondent determined a deficiency in petitioner’s estate tax in the amount of $14,052,146. After concession by the parties, the remaining issues for decision are: (1) Whether the amounts of petitioner’s marital and charitable deductions are limited to the amounts passing to the marital and charitable shares under the 1982 will and three codicils, or are the amounts actually passing under a settlement agreement to the marital and charitable shares as reduced by obligations charged to the respective shares; (2) whether the amounts of the marital and charitable deductions…
2Cases cited23 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Stone v. WhiteSupreme Court of the United States · 1937
- Jackson v. United StatesSupreme Court of the United States · 1964
- Ahmanson Foundation v. United StatesCourt of Appeals for the Ninth Circuit · 1981
18 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Robinson v. CommissionerUnited States Tax Court · 1994
- Commissioner v. Estate of HubertSupreme Court of the United States · 1997
- Estate of Hubert v. Comr. of IRSCourt of Appeals for the Eleventh Circuit · 1995
- Beverly Gardiner Nance v. Iowa Department of RevenueSupreme Court of Iowa · 2018
- Estate of Allen v. CommissionerUnited States Tax Court · 1993
28 more not listed; retrieve them via the Exa API.