Legal Opinion

Estate of Short v. Commissioner

United States Tax Court

Decided May 19, 1977No. Docket No. 9058-75PublishedCited by 9 opinions

Decedent's estate consisted of sufficient personal property to pay debts and taxes but not enough to satisfy all legacies. Therefore, construction of decedent's will under Tennessee law is necessary to classify the legacies in order to identify those which must abate.

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Decedent's estate consisted of sufficient personal property to pay debts and taxes but not enough to satisfy all legacies. Therefore, construction of decedent's will under Tennessee law is necessary to classify the legacies in order to identify those which must abate. Such classifications and resulting abatements affect the property interests which pass to decedent's surviving spouse for purposes of the marital deduction under sec. 2056, I.R.C. 1954. Held, the bequest of "all of my other personal property, including all horses, cattle and livestock of every kind to my wife" passes only…

1Opinion of the Court

Featherston, Judge:

Respondent determined a deficiency of $69,208.631 in the Federal estate tax due from petitioner. Several issues have been settled and the only one remaining requires classification under Tennessee law of certain legacies in decedent’s will in order to determine, first, which of those legacies must abate to pay taxes and debts of decedent, and, ultimately, for purposes of the marital deduction under section 2056,2 the property interests which pass to the surviving spouse!

FINDINGS OF FACT

Decedent Jack E. Short died testate on September 12, 1971, a resident of Shelbyville,…

2Cases cited43 opinions

  1. Riggs v. Del DragoSupreme Court of the United States · 1942
  2. Snyder's EstateSupreme Court of Pennsylvania · 1907
  3. Estate of Milton S. Wycoff, Deceased, Zions First National Bank v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1974
  4. Horn's EstateSupreme Court of Pennsylvania · 1934
  5. Gardner v. McNealCourt of Appeals of Maryland · 1911

38 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Estate of Horne v. CommissionerUnited States Tax Court · 1988
  2. Sealy Corp. v. CommissionerUnited States Tax Court · 1996
  3. Estate of Reeves v. CommissionerUnited States Tax Court · 1993
  4. Estate of Horne v. CommissionerUnited States Tax Court · 1988
  5. Estate of McMullen v. CommissionerUnited States Tax Court · 1988

4 more not listed; retrieve them via the Exa API.

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