Glen v. Commissioner
United States Tax Court
Decedent entered into a property settlement agreement with his then wife, Jane, prior to divorce, in which the wife relinquished all of her rights against decedent including a right under local law to one-third of his personal property outright upon divorce. Subsequently decedent was divorced from Jane by a court decree which made no mention of the property settlement agreement.
Read the full summary
Decedent entered into a property settlement agreement with his then wife, Jane, prior to divorce, in which the wife relinquished all of her rights against decedent including a right under local law to one-third of his personal property outright upon divorce. Subsequently decedent was divorced from Jane by a court decree which made no mention of the property settlement agreement. Pursuant to the property settlement agreement decedent created three trusts for the benefit of himself, his son, and Jane; he retained life estates in two of these trusts which were included in his estate for estate…
1Dissent
TaNNENwald, /.,
dissenting: It seems to me that the majority has been beguiled by Scottish law into permitting a deduction from the gross estate which, absent the local statute involved, would not be allowable. I also believe that even if the majority is correct on the question of consideration, the method of allocation which it adopts is erroneous.
I. The Question of Consideration
I am convinced that the majority decision can be supported only by importing section 2516 of the Internal Revenue Code of 1954 into the estate tax provisions, or by extending the rationale of Harris v. Commissioner,…
2Cases cited25 opinions
- United States v. DavisSupreme Court of the United States · 1962
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Merrill v. FahsSupreme Court of the United States · 1945
- Harris v. CommissionerSupreme Court of the United States · 1950
- Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
20 more not listed; retrieve them via the Exa API.