Legal Opinion

Estate of Cavenaugh v. Commissioner

United States Tax Court

Decided May 13, 1993No. Docket No. 24321-90Published

H and W were married and resided in Texas, a community property State. In 1980, H and W purchased a renewable term life insurance policy on H's life. In 1983, W died testate. In her will, W left H certain property interests for which H, as executor of W's estate, elected QTIP treatment. Four months after W's death, H remarried and executed a purported last will and testament, leaving his entire estate to his second wife and naming her executrix of his estate.

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H and W were married and resided in Texas, a community property State. In 1980, H and W purchased a renewable term life insurance policy on H's life. In 1983, W died testate. In her will, W left H certain property interests for which H, as executor of W's estate, elected QTIP treatment. Four months after W's death, H remarried and executed a purported last will and testament, leaving his entire estate to his second wife and naming her executrix of his estate. In 1986, H died. Pursuant to agreement settling the will contest that followed H's death, the Midland County Court denied probate of…

1Opinion of the Court

ESTATE OF HERBERT R. CAVENAUGH, DECEASED, WM. MONROE KERR, INDEPENDENT ADMINISTRATOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Cavenaugh v. Commissioner

Docket No. 24321-90

United States Tax Court

100 T.C. 407; 1993 U.S. Tax Ct. LEXIS 27; 100 T.C. No. 27;

May 13, 1993, Filed

H and W were married and resided in Texas, a community property State. In 1980, H and W purchased a renewable term life insurance policy on H's life. In 1983, W died testate. In her will, W left H certain property interests for which H, as executor of W's estate, elected QTIP treatment. Four months…

2Cases cited34 opinions

  1. United States v. BoyleSupreme Court of the United States · 1985
  2. Helvering v. MitchellSupreme Court of the United States · 1938
  3. McMurry v. StanleyTexas Supreme Court · 1887
  4. Colden v. AlexanderTexas Supreme Court · 1943
  5. Plunkett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1941

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