Legal Opinion

Estate of Abruzzino v. Commissioner

United States Tax Court

Decided November 26, 1973No. Docket No. 536-72Published

A West Virginia joint will, executed by decedent and his wife, contained language purporting to limit the wife's disposition of certain stock and real estate to a testamentary gift to her son. Held: Under the law of West Virginia, the wife is contractually bound to retain the stock and real estate during her life and to give them to her son at her death.

Read the full summary

A West Virginia joint will, executed by decedent and his wife, contained language purporting to limit the wife's disposition of certain stock and real estate to a testamentary gift to her son. Held: Under the law of West Virginia, the wife is contractually bound to retain the stock and real estate during her life and to give them to her son at her death. It follows that her interests in the stock and real estate are terminable and do not qualify for the marital deduction under sec. 2056(b)(1), I.R.C. 1954. Estate of Edward N. Opal, 54 T.C. 154 (1970), affd. 450 F.2d 1085 (C.A. 2, 1971),…

1Opinion of the Court

Estate of Robert Abruzzino, William Abruzzino, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Abruzzino v. Commissioner

Docket No. 536-72

United States Tax Court

61 T.C. 306; 1973 U.S. Tax Ct. LEXIS 17;

November 26, 1973, Filed

Decision will be entered under Rule 50.

A West Virginia joint will, executed by decedent and his wife, contained language purporting to limit the wife's disposition of certain stock and real estate to a testamentary gift to her son. Held: Under the law of West Virginia, the wife is contractually bound to retain the stock and real estate during…

2Cases cited16 opinions

  1. Weiss v. SotoWest Virginia Supreme Court · 1957
  2. Weiss v. SotoWest Virginia Supreme Court · 1957
  3. Wilson v. StarbuckWest Virginia Supreme Court · 1935
  4. Estate of Edward N. Opal, Deceased, Mae Opal, Now by Remarriage Known as Mae Konefsky v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1971
  5. Estate of Opal v. CommissionerUnited States Tax Court · 1970

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API