Williams v. Commissioner
United States Tax Court
D's surviving spouse (S) chose to take an elective share rather than to take under D's will. S submitted a proposed allocation of estate assets to fund the elective share which was summarily approved by Probate Court order. The allocated assets were unencumbered securities and cash. Respondent argues that, under Tenn.
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D's surviving spouse (S) chose to take an elective share rather than to take under D's will. S submitted a proposed allocation of estate assets to fund the elective share which was summarily approved by Probate Court order. The allocated assets were unencumbered securities and cash. Respondent argues that, under Tenn. Code Ann. sec. 31-4-101 (Supp. 1993), the elective share must be reduced by a pro rata share of D's secured debts in determining the maximum allowable marital deduction under sec. 2056(a), I.R.C. The Tennessee statute has not been expressly construed or analyzed by any court.…
1Opinion of the Court
OPINION
Gerber, Judge:
Pursuant to Rule 121,1 this matter is before the Court on petitioner’s motion for summary judgment and respondent’s motion for partial summary judgment. The parties seek to determine, as a matter of law, the maximum allowable marital deduction available in determining petitioner’s Federal estate tax liability. The parties agree that the marital deduction allowable to petitioner is to be determined pursuant to Tennessee’s elective share statute and other related State probate statutes. The issue presented is whether, under Tennessee law, the surviving spouse’s calculated…
2Cases cited9 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Abourezk v. ReaganCourt of Appeals for the D.C. Circuit · 1986
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Merchants & Planters Bank v. MyersCourt of Appeals of Tennessee · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of Williams v. HuddlestonTennessee Supreme Court · 1997
- Estate of Halpern v. CommissionerUnited States Tax Court · 1995
- Estate of Tenenbaum v. CommissionerUnited States Tax Court · 1995
- Williams v. CommissionerUnited States Tax Court · 1994