Estate of McMillan v. Commissioner
United States Tax Court
Held: Decedent's will is construed as granting to his surviving spouse a life estate in his property with no power over its ultimate disposition. Thus, the interest passing to his wife does not qualify for the marital deduction. Sec. 2056(b)(1), I.R.C. 1954.
1Opinion of the Court
OPINION
Irwin, Judge:
Respondent determined a deficiency of $359,300.35 in the estate tax of the Estate of Jesse E. McMillan. Due to a concession, the sole issue is whether under section 20561 the estate is entitled to a marital deduction in excess of $42,136.
All of the facts have been stipulated. These facts together with the exhibits attached thereto are incorporated herein by this reference.
Jesse E. McMillan died on July 14,1975, in Gurdon, Ark. Mary E. McMillan, the decedent’s surviving spouse and duly qualified executrix of the Estate of Jesse E. McMillan, was granted letters testamentary…
2Cases cited21 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Helvering v. StuartSupreme Court of the United States · 1942
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Pipe v. CommissionerUnited States Tax Court · 1954
- Matthew Rives McGehee of the Estate of Delia Crawford McGehee Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
16 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of Adams v. CommissionerUnited States Tax Court · 1990
- Estate of Bowgren v. CommissionerUnited States Tax Court · 1995
- Estate of McMillan v. CommissionerUnited States Tax Court · 1981
- Estate of Walker Pidgeon v. CommissionerUnited States Tax Court · 1995