Estate of Di Marco v. Commissioner
United States Tax Court
Decedent's spouse was paid a survivors income benefit pursuant to a plan that was established and maintained by decedent's employer. Under the terms of the plan, the survivors income benefit was payable by decedent's employer only to decedent's eligible survivors upon his death. Decedent's participation in the plan was involuntary.
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Decedent's spouse was paid a survivors income benefit pursuant to a plan that was established and maintained by decedent's employer. Under the terms of the plan, the survivors income benefit was payable by decedent's employer only to decedent's eligible survivors upon his death. Decedent's participation in the plan was involuntary. He had no power to select or change the beneficiaries of the survivors income benefit; no power to change the amount, form, or timing of the survivors income benefit payments; no power to substitute other benefits for the survivors income benefit; and, other than…
1Opinion of the Court
OPINION
STERRETT, Chief Judge:
By notice of deficiency dated May 4, 1983, respondent determined a deficiency in petitioner’s Federal estate tax of $17,830.88. As a result of concessions by both parties,1 the only issue presented in this case is whether the present value of a survivors income benefit payable with respect to the decedent by decedent’s employer is an adjusted taxable gift within the meaning of section 2001.2
The parties submitted this case fully stipulated pursuant to Rule 122. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.
Petitione…
2Cases cited17 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Welch v. HenrySupreme Court of the United States · 1938
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Merrill v. FahsSupreme Court of the United States · 1945
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estate of Bongard v. Comm'rUnited States Tax Court · 2005
- Norman v. CommissionerUnited States Tax Court · 1987
- Godlewski v. CommissionerUnited States Tax Court · 1988
- Estate of Cullison v. CommissionerUnited States Tax Court · 1998
- Estate of Levin v. CommissionerUnited States Tax Court · 1988
6 more not listed; retrieve them via the Exa API.