Feder v. Commissioner
United States Tax Court
Decedent, at the time of her death, was trustee of $ 15,000 for her son and $ 15,000 for her daughter. She acknowledged the trusts in her will, and after making specific bequests to the son and daughter, provided that the residue of her estate should go to them. If either beneficiary, however, filed a claim against the estate, all bequests to such beneficiary were thereby voided. Decedent's heirs took as residuary legatees of her estate, and filed no claims against it.
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Decedent, at the time of her death, was trustee of $ 15,000 for her son and $ 15,000 for her daughter. She acknowledged the trusts in her will, and after making specific bequests to the son and daughter, provided that the residue of her estate should go to them. If either beneficiary, however, filed a claim against the estate, all bequests to such beneficiary were thereby voided. Decedent's heirs took as residuary legatees of her estate, and filed no claims against it. Held, the claims of the son and daughter were valid and enforceable ones which were paid by their taking as residuary…
1Opinion of the Court
OPINION.
Rice, Judge:
This proceeding involves an estate tax deficiency of $4,300.01 determined against the estate of Annie Feder (sometimes hereinafter referred to as decedent).
The sole issue is whether the estate is entitled to a deduction under section 812 (b) (3) of the Code1 of $30,000, which sum decedent held as trustee for her son and daughter at the time of her death, when no claim for such sum was filed against the estate by the son or daughter who chose, rather, to accept payment therefor by taking as the two residuary legatees under decedent’s will. Other adjustments made in the…
2Cases cited4 opinions
- Jacobs v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1929
- Buck v. HelveringCourt of Appeals for the Ninth Circuit · 1934
- Empire Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1938
- Thiele v. CommissionerUnited States Tax Court · 1947
3Cited by4 opinions
- Estate of Boyce v. CommissionerUnited States Tax Court · 1972
- Estate of McDowell v. CommissionerUnited States Tax Court · 1986
- Estate of Wildenthal v. CommissionerUnited States Tax Court · 1970
- Feder v. CommissionerUnited States Tax Court · 1954