Elson v. Commissioner
United States Tax Court
1. Under Iowa law, where husband and wife execute a joint and mutual will which remains unrevoked at the death of one of the makers, the surviving spouse is estopped to set up any right which tends in whole or in part to defeat the common purpose. 2. Order of District Court of Polk County, Iowa, approving widow's election to take her statutory interest in lieu of the provisions of will, under the facts, is not binding on this Court. 3. Property interest which widow acquired…
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1. Under Iowa law, where husband and wife execute a joint and mutual will which remains unrevoked at the death of one of the makers, the surviving spouse is estopped to set up any right which tends in whole or in part to defeat the common purpose. 2. Order of District Court of Polk County, Iowa, approving widow's election to take her statutory interest in lieu of the provisions of will, under the facts, is not binding on this Court. 3. Property interest which widow acquired under will of decedent constitutes a terminable interest which does not qualify for marital deduction under section 812…
1Opinion of the Court
OPINION.
LeMire, Judge:
This proceeding involves a deficiency in estate tax of petitioner in the amount of $10,677.78.
The sole contested issue relates to the marital deduction claimed on the estate tax return. All the facts are stipulated and are found accordingly.
Charles Elson and Helena J. Elson were husband and wife residing in Polk County, Iowa, at all times material herein.
Charles Elson died at Des Moines, Iowa, on June 25, 1952. The estate tax return was filed with the collector of internal revenue for the district of Iowa on May 25, 1953.
On March 29, 1951, Charles and Helena J. Elson…
2Cases cited18 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Gallagher v. SmithCourt of Appeals for the Third Circuit · 1955
- Baker v. SyfrittSupreme Court of Iowa · 1910
- MacDonald v. CommissionerUnited States Tax Court · 1944
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Landers v. CommissionerUnited States Tax Court · 1962
- Novotny v. CommissionerUnited States Tax Court · 1989
- Elson v. CommissionerUnited States Tax Court · 1957
- Estate of Landers v. CommissionerUnited States Tax Court · 1962
- Estate of Pierpont v. CommissionerUnited States Tax Court · 1962
1 more not listed; retrieve them via the Exa API.