Estate of Fried v. Commissioner
United States Tax Court
Held: 1. Decedent's estate is not entitled to the marital deduction for personal property passing under a provision of a will, which is construed under the law of the State of New York, that in the event his wife survives him but dies before the probate of his will, the property is bequeathed to his daughter. 2. An amount of $ 5,000 which a corporation formed by decedent and his brother paid to decedent's widow is includable in decedent's estate under sec. 2037, I.R.C. 1954,…
Read the full summary
Held: 1. Decedent's estate is not entitled to the marital deduction for personal property passing under a provision of a will, which is construed under the law of the State of New York, that in the event his wife survives him but dies before the probate of his will, the property is bequeathed to his daughter. 2. An amount of $ 5,000 which a corporation formed by decedent and his brother paid to decedent's widow is includable in decedent's estate under sec. 2037, I.R.C. 1954, since the facts show consideration passing from the decedent to the corporation to procure the agreement for the…
1Opinion of the Court
Estate of Harry Fried, Deceased, Ethel Fried, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Fried v. Commissioner
Docket No. 4505-67
United States Tax Court
54 T.C. 805; 1970 U.S. Tax Ct. LEXIS 158;
April 22, 1970, Filed
Decision will be entered under Rule 50.
Held: 1. Decedent's estate is not entitled to the marital deduction for personal property passing under a provision of a will, which is construed under the law of the State of New York, that in the event his wife survives him but dies before the probate of his will, the property is bequeathed to his daughter.
2.…
2Cases cited33 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Fusz v. CommissionerUnited States Tax Court · 1966
- Bankers Trust Company, as of the Will of Harriet Delta Ellis, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1960
28 more not listed; retrieve them via the Exa API.