Estate of Kincaid v. Commissioner
United States Tax Court
W's husband (H) included in his will a formula maximum marital deduction bequest. After the death of H in 1975, W received certain payments which constitute income in respect of a decedent (IRD) as part of her marital share. The IRD is includable in W's income tax return. Sec. 691(c), I.R.C. 1954, provides for an income tax deduction for estate tax attributable to IRD.
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W's husband (H) included in his will a formula maximum marital deduction bequest. After the death of H in 1975, W received certain payments which constitute income in respect of a decedent (IRD) as part of her marital share. The IRD is includable in W's income tax return. Sec. 691(c), I.R.C. 1954, provides for an income tax deduction for estate tax attributable to IRD. A necessary step in computing the amount of this deduction is the recomputation of H's estate tax without including the IRD. Held, the full maximum marital deduction subject only to the 50-percent limitation pursuant to sec.…
1Opinion of the Court
Estate of Nelle W. Kincaid, Deceased, Jane K. Johnson and Joan D. Kincaid, Coexecutrices, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Kincaid v. Commissioner
Docket No. 21316-81
United States Tax Court
85 T.C. 25; 1985 U.S. Tax Ct. LEXIS 61; 85 T.C. No. 3;
July 3, 1985, Filed
Decision will be entered under Rule 155.
W's husband (H) included in his will a formula maximum marital deduction bequest. After the death of H in 1975, W received certain payments which constitute income in respect of a decedent (IRD) as part of her marital share. The IRD is includable in W's income…
2Cases cited7 opinions
- Helvering v. New York Trust Co.Supreme Court of the United States · 1934
- Davidson v. CommissionerSupreme Court of the United States · 1938
- Estate of Sidles v. CommissionerUnited States Tax Court · 1976
- Findlay v. CommissionerUnited States Tax Court · 1962
- Helen Rich Findlay v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1964
2 more not listed; retrieve them via the Exa API.