Miller v. Commissioner
United States Tax Court
Decedent made a bequest in trust by will which provided that her surviving spouse have the net income therefrom for life with a general power of appointment exercisable by will and that upon default of the exercise of such power the remainder interest therein should go to a charitable organization. The surviving spouse was over 80 years of age when decedent died.
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Decedent made a bequest in trust by will which provided that her surviving spouse have the net income therefrom for life with a general power of appointment exercisable by will and that upon default of the exercise of such power the remainder interest therein should go to a charitable organization. The surviving spouse was over 80 years of age when decedent died. In the manner and at the time prescribed by sec. 2055(b)(2), I.R.C. 1954, the surviving spouse signified his intent to exercise the power in favor of the charitable organization named in decedent's will and did so exercise the power…
1Opinion of the Court
OPINION
Kern, Judge:
An examination of the pleadings and of respondent’s briefs indicates the deep (and natural) concern felt by respondent because of the fact that a literal application of sections 2055(b) (2)3 and 2056 (b) (5)4 to the facts of the instant case will result in the availability to decedent’s estate of a charitable deduction under section 2055(b) (2) in an amount representing the value of the remainder interest in the corpus of a testamentary trust and also of a marital deduction under section 2056(b) (5) in an amount equal to the value of such trust corpus including the…
2Cases cited13 opinions
- Barr v. United StatesSupreme Court of the United States · 1945
- Jackson v. United StatesSupreme Court of the United States · 1964
- Unexcelled Chemical Corp. v. United StatesSupreme Court of the United States · 1953
- T. Everett Starrett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1955
- McClain v. CommissionerSupreme Court of the United States · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Estate of Hugh Gordon Miller, Deceased, Allen Gordon Miller, Edwin Schroff and Helen T. Ives v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Estate of Edna Allen Miller, Deceased, Allen Gordon Miller and Erwin SchroffCourt of Appeals for the Third Circuit · 1968
- Miller v. CommissionerUnited States Tax Court · 1967
- Commonwealth Container Corp. v. CommissionerUnited States Tax Court · 1967
- Estate of Pfeifer v. CommissionerUnited States Tax Court · 1977
- Estate of Nachimson v. CommissionerUnited States Tax Court · 1968
15 more not listed; retrieve them via the Exa API.