Legal Opinion

Mott v. United States

United States Court of Claims

Decided July 14, 1972No. 390-69PublishedCited by 24 opinions

1Opinion of the Court

Cowen, Chief Judge,

delivered tbe opinion óf the court1:*

■ ■ This tax case,^apparently one of -first impression, comes before tbe court -on tbe parties’ -cross-motions; for ¡suibmary judgment. Tbe. issue is whether ;an .estatqis. entitled, to a deduction from its ;gross income,pursuant .to1 Section '661(a) (2) of the Internal Revenue- Code of >1964:,1 -when it makes a distribution of corpus of an estate to a qualified charitable bene*130ficiary pursuant to a general pecuniary bequest. We have concluded that the claimed deduction is not available.

The pertinent facts, which have been stipulated, are…

2Cases cited5 opinions

  1. Irwin v. GavitSupreme Court of the United States · 1925
  2. Manufacturers Hanover Trust Company, as Trustee Under Indenture Dated November 15, 1927, Made by Henry H. Rogers, Deceased v. The United StatesUnited States Court of Claims · 1963
  3. Commissioner of Internal Revenue v. DeanCourt of Appeals for the Tenth Circuit · 1939
  4. Riggs National Bank v. United StatesUnited States Court of Claims · 1965
  5. Lonergan v. CommissionerUnited States Tax Court · 1946

3Cited by24 opinions

  1. Rollert Residuary Trust v. CommissionerUnited States Tax Court · 1983
  2. Estate of O'Connor v. CommissionerUnited States Tax Court · 1977
  3. Du Pont Testamentary Trust v. CommissionerUnited States Tax Court · 1976
  4. Ellis First National Bank of Bradenton v. United StatesUnited States Court of Claims · 1977
  5. In Re Samoset AssociatesUnited States Bankruptcy Court, D. Maine · 1981

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