Estate of Ellman v. Commissioner
United States Tax Court
Pursuant to a prenuptial agreement W released her dower and other marital rights, including a year's support under Georgia law during the administration of H's estate, in return for which H agreed to provide her with a certain sum of money per month for life during widowhood, the payments to begin upon H's death.
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Pursuant to a prenuptial agreement W released her dower and other marital rights, including a year's support under Georgia law during the administration of H's estate, in return for which H agreed to provide her with a certain sum of money per month for life during widowhood, the payments to begin upon H's death. Held, the amount of $ 34,581.71 claimed as a personal debt owed to W is not allowable as a deductible claim against H's estate because it was not contracted bona fide and for an adequate and full consideration in money or money's worth under secs. 2053 and 2043(b), I.R.C. 1954.
1Opinion of the Court
opinion
Dawson, Judge:
Respondent determined a deficiency of $9,320.01 in the petitioner’s Federal estate tax. Petitioner has claimed an overpayment of $1,050. Counsel fees and miscellaneous expenses incurred in this proceeding will he determined in connection with the Rule 50 computation.
The only issue presented for decision is whether .the amount of $34,581.71 claimed as the decedent’s personal debt obligation to his surviving spouse under a prenuptial agreement qualifies as a claim deductible from the decedent’s gross estate under section 2053, I.R.S. 1954.1
All of the facts are stipulated…
2Cases cited9 opinions
- Interocean Shipping Company v. National Shipping and Trading Corporation and Hellenic International Shipping, S.A.Court of Appeals for the Second Circuit · 1972
- United States v. StapfSupreme Court of the United States · 1964
- Taft v. CommissionerSupreme Court of the United States · 1938
- Glen v. CommissionerUnited States Tax Court · 1966
- Bateman v. BatemanSupreme Court of Georgia · 1968
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Carli v. Comm'rUnited States Tax Court · 1985
- Estate of James H. Waters, Jr., Deceased William Roger Waters and John B. McMillan Co-Executors v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1995
- Estate of Graegin v. CommissionerUnited States Tax Court · 1988
- Estate of Carli v. Comm'rUnited States Tax Court · 1985
- Estate of Ellman v. CommissionerUnited States Tax Court · 1972