Estate of Shelfer v. Commissioner of Internal Revenue

KRAVITCH, Circuit Judge:

The Commissioner of the Internal Revenue Service (“Commissioner”) appeals the Tax Court’s decision in favor of the estate of Lucille Shelfer. The court held that Lucille’s estate was not liable for a tax deficiency assessed on the value of a trust from which she had received income during her lifetime. The estate of Lucille Shelter’s husband, Elbert, previously had taken a marital deduction for these trust assets, claiming that the trust met the definition of a qualified terminable interest property trust (“QTIP”) pursuant to 26 U.S.C. § 2056(b)(7).

This ease presents…