Legal Opinion

Estate of Reid v. Commissioner

United States Tax Court

Decided February 22, 1988No. Docket No. 582-86Published

Decedent created a revocable, inter vivos trust and authorized the trustees, "in their discretion," to pay all Illinois inheritance taxes arising by reason of his death out of nonmarital property. After decedent's death the trustees elected to pay all inheritance taxes, including the tax on property passing to the surviving spouse, out of nonmarital property.

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Decedent created a revocable, inter vivos trust and authorized the trustees, "in their discretion," to pay all Illinois inheritance taxes arising by reason of his death out of nonmarital property. After decedent's death the trustees elected to pay all inheritance taxes, including the tax on property passing to the surviving spouse, out of nonmarital property. Held, under sec. 2056(b)(4)(A), I.R.C., 1954 as amended, P's marital deduction must be reduced by the amount of inheritance tax attributable to the marital property. At death decedent owed Federal and State income taxes on income earned…

1Opinion of the Court

Estate of John E. Reid, Deceased, Margaret M. Reid, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Reid v. Commissioner

Docket No. 582-86

United States Tax Court

90 T.C. 304; 1988 U.S. Tax Ct. LEXIS 24; 90 T.C. No. 24;

February 22, 1988. February 22, 1988, Filed

Decision will be entered under Rule 155.

Decedent created a revocable, inter vivos trust and authorized the trustees, "in their discretion," to pay all Illinois inheritance taxes arising by reason of his death out of nonmarital property. After decedent's death the trustees elected to pay all inheritance…

2Cases cited25 opinions

  1. Riggs v. Del DragoSupreme Court of the United States · 1942
  2. United States v. StapfSupreme Court of the United States · 1964
  3. Jackson v. United StatesSupreme Court of the United States · 1964
  4. In re Estate of GravesIllinois Supreme Court · 1909
  5. The People v. McCormickIllinois Supreme Court · 1927

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