Estate of Morgens v. Comm'r
United States Tax Court
Husband (H) and wife (D) established a revocable inter vivos trust. After H's death the portion of the trust representing H's one-half of the community property was allocated to a residual trust in which D received an income interest for life.
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Husband (H) and wife (D) established a revocable inter vivos trust. After H's death the portion of the trust representing H's one-half of the community property was allocated to a residual trust in which D received an income interest for life. A qualified terminable interest property (QTIP) election under sec. 2056(b)(7), I.R.C., was made on H's estate tax return for the property passing to the residual trust, thereby allowing H's estate to claim a marital deduction for the full value of the QTIP. During D's lifetime the trust was divided into two trusts. D made gifts of her qualifying income…
1Opinion of the Court
OPINION
Marvel, Judge:
Respondent determined a $4,684,430 deficiency in the Federal estate tax of the Estate of Anne W. Morgens (Mrs. Morgens). The sole issue1 for decision is whether the amounts of gift tax paid with respect to Mrs. Morgens’ deemed gifts of remainder interests in qualified terminable interest property (QTIP) are includable in her gross estate under section 2035(b).2
Background
The parties submitted this case fully stipulated under Rule 122. We incorporate the stipulated facts into our findings by this reference. Mrs. Morgens was a resident of California when she died on August…
2Cases cited19 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Lucas v. EarlSupreme Court of the United States · 1930
- Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
- Bull v. United StatesSupreme Court of the United States · 1935
- Watt v. AlaskaSupreme Court of the United States · 1981
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3Cited by17 opinions
- Olive v. CommissionerUnited States Tax Court · 2012
- In re WylyUnited States Bankruptcy Court, N.D. Texas · 2016
- Clemency v. Department of RevenueWashington Supreme Court · 2012
- Isley v. CommissionerUnited States Tax Court · 2013
- Law Office of John H. Eggertsen P.C. v. Comm'rUnited States Tax Court · 2014
12 more not listed; retrieve them via the Exa API.