Estate of Whittle v. Commissioner
United States Tax Court
On the death of H, practically all of the property included in his gross estate passed to W as surviving joint tenant with the result that there was no probate estate. W caused H's estate to elect to defer the payment of the estate tax under sec. 6166, I.R.C.
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On the death of H, practically all of the property included in his gross estate passed to W as surviving joint tenant with the result that there was no probate estate. W caused H's estate to elect to defer the payment of the estate tax under sec. 6166, I.R.C. Upon W's death, respondent claimed that, in computing the credit for taxes on prior transfers under sec. 2013, I.R.C., the value of such property should be reduced by the liability for interest on such deferral (all of which had been paid) in arriving at the net value of the property transferred. Held, the liability for interest in the…
1Opinion of the Court
OPINION
TANNENWALD, Judge:
Respondent determined a deficiency of $19,584 in the estate tax of Ruby Miller Whittle. The issues for decision are: (1) Whether, in computing the credit for tax on prior transfers pursuant to section 2013,1 the value of property transferred to the decedent, as sole heir and surviving joint tenant of her husband John G. Whittle, must be reduced by the amount of interest assessed and paid pursuant to an election under section 6166 in arriving at the net value of the property transferred; and (2) whether the First of America Trust Co. is liable for any deficiency…
2Cases cited14 opinions
- Schuster v. CommissionerCourt of Appeals for the Ninth Circuit · 1962
- Schuster v. CommissionerUnited States Tax Court · 1959
- Estate of Bahr v. CommissionerUnited States Tax Court · 1977
- Estate of Bailly v. CommissionerUnited States Tax Court · 1983
- Groetzinger v. CommissionerUnited States Tax Court · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baptiste v. CommissionerUnited States Tax Court · 1993
- Estate of Frost v. CommissionerUnited States Tax Court · 1993
- Garrett v. CommissionerUnited States Tax Court · 1994
- Baptiste v. CommissionerUnited States Tax Court · 1993
- Estate of Whittle v. CommissionerUnited States Tax Court · 1991