Legal Opinion

Estate of Boeshore v. Commissioner

United States Tax Court

Decided March 31, 1982No. Docket No. 6777-80Published

1. Decedent devised the residue of her estate to a charitable remainder trust. The trust provided for annual payments of a unitrust amount equal to 6 percent of the fair market value of the trust assets to be determined annually. For the life of decedent's surviving spouse, the unitrust amount was to be paid for private purposes.

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1. Decedent devised the residue of her estate to a charitable remainder trust. The trust provided for annual payments of a unitrust amount equal to 6 percent of the fair market value of the trust assets to be determined annually. For the life of decedent's surviving spouse, the unitrust amount was to be paid for private purposes. After the death of the surviving spouse and for the remainder of the unitrust term (measured by the last to die of three surviving descendants), the unitrust amount was to be paid for charitable purposes and for private purposes in the respective percentages of 42…

1Opinion of the Court

Estate of Minnie L. Boeshore, Deceased, Lincoln National Bank & Trust Company of Fort Wayne and Melvin V. Ehrman, Executors, Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Boeshore v. Commissioner

Docket No. 6777-80

United States Tax Court

78 T.C. 523; 1982 U.S. Tax Ct. LEXIS 119; 78 T.C. No. 34;

March 31, 1982, Filed

Decision will be entered under Rule 155.

1. Decedent devised the residue of her estate to a charitable remainder trust. The trust provided for annual payments of a unitrust amount equal to 6 percent of the fair market value of the trust assets to be determined…

2Cases cited14 opinions

  1. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  2. National Muffler Dealers Assn., Inc. v. United StatesSupreme Court of the United States · 1979
  3. American Standard, Inc. v. United StatesUnited States Court of Claims · 1979
  4. Estate of Boeshore v. CommissionerUnited States Tax Court · 1982
  5. McMurtry v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1953

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