Estate of Pangas v. Commissioner
United States Tax Court
Decedent left a will providing for a residual trust to his wife and payment of Federal and State death taxes from the residue of of the estate. His spouse elected to take against the will, and her intestate share passed to her free from the burden of any State or Federal death taxes, pursuant to an order of the State Probate Court.
Read the full summary
Decedent left a will providing for a residual trust to his wife and payment of Federal and State death taxes from the residue of of the estate. His spouse elected to take against the will, and her intestate share passed to her free from the burden of any State or Federal death taxes, pursuant to an order of the State Probate Court. Held: In determining the effect of Federal estate and State inheritance taxes on the surviving spouse's intestate share of the estate for purposes of computing the marital deduction the decision of the State Probate Court is not binding on this Court. Under Ohio…
1Opinion of the Court
OPINION
Scott, Judge:
Respondent determined a deficiency in the amount of $19,'T'T8.il in estate tax for the Estate of Frank Pangas.1
The only issue for decision in this case is the amount of the marital deduction to which the estate is entitled under section 2056, I.R.C. 1954.2 The determination of this issue depends upon whether the widow’s portion of the estate should be reduced by a proportionate share of State inheritance and Federal estate tax in computing the marital deduction for the purposes of Federal estate tax where the will provides for payment of all taxes from the residue of the…
2Cases cited5 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Jaeger v. CommissionerUnited States Tax Court · 1957
- Estate of Rose Gerber Jaeger, Carl F. Graf, Admr. W.W.A. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1958
- Weeks v. VandeveerOhio Supreme Court · 1968
3Cited by10 opinions
- The Detroit Bank & Trust Company, of the Estate of Fred W. Ritter, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1972
- Estate of Wycoff v. CommissionerUnited States Tax Court · 1973
- Estate of Ahlstrom v. CommissionerUnited States Tax Court · 1969
- Estate of Penney v. CommissionerUnited States Tax Court · 1972
- Estate of Posner v. Comm'rUnited States Tax Court · 2004
5 more not listed; retrieve them via the Exa API.