Estate of Van Winkle v. Commissioner
United States Tax Court
Decedent died Oct. 7, 1963. Her husband died Dec. 1, 1951. The husband's will provided that decedent was to receive the income for life from the residue of his estate and that she was to have a general power of appointment over one-half of the trust corpus and the accumulated income. Respondent assessed a deficiency, agreed to by the executors of the husband's estate, based in part upon the disallowance of the marital deduction claimed for the trust property.
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Decedent died Oct. 7, 1963. Her husband died Dec. 1, 1951. The husband's will provided that decedent was to receive the income for life from the residue of his estate and that she was to have a general power of appointment over one-half of the trust corpus and the accumulated income. Respondent assessed a deficiency, agreed to by the executors of the husband's estate, based in part upon the disallowance of the marital deduction claimed for the trust property. The husband's estate failed to file a timely claim for refund to recover the amount resulting from the disallowance of the marital…
1Opinion of the Court
OPINION
Dawson, Judge:
Respondent determined a deficiency in the estate tax of petitioners in the amount of $8,254.98.
The issues for decision are:(1) Whether the value of a power of appointment over the corpus of a trust created under the will of Stirling Van Winkle, deceased, should be included in the gross estate of Mabel C. Van Winkle, deceased.(2) Whether petitioners are entitled to a credit for prior estate tax paid on property which passed to Mabel C. Van Winkle from the Estate of Stirling Van Winkle.(3) Whether the doctrine of equitable recoupment will allow petitioners to set off any…
2Cases cited7 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- Rothensies v. Electric Storage Battery Co.Supreme Court of the United States · 1946
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- T. Everett Starrett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1955
- Tingley v. CommissionerUnited States Tax Court · 1954
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3Cited by12 opinions
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- Estate of Bessie I. Mueller, Deceased John S. Mueller, Personal Representative v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1998
- Estate of Schneider v. CommissionerUnited States Tax Court · 1989
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