Markle v. Commissioner
United States Board of Tax Appeals
1. By her will the decedent gave to her executors "the sum of Two hundred thousand Dollars ($200,000) or such part of that amount as in their judgment may be required for the purpose of establishing a suitable memorial to my mother, the late Mary Robinson Wright, in the event that I shall not establish or complete the same in my lifetime. It is my intention to decide upon the form of the memorial in my lifetime and if my health permits to complete it.
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1. By her will the decedent gave to her executors "the sum of Two hundred thousand Dollars ($200,000) or such part of that amount as in their judgment may be required for the purpose of establishing a suitable memorial to my mother, the late Mary Robinson Wright, in the event that I shall not establish or complete the same in my lifetime. It is my intention to decide upon the form of the memorial in my lifetime and if my health permits to complete it. If I fail to carry out this plan in any respect the fund herein bequeathed to them shall be available for that purpose and I give my said…
1Opinion of the Court
*204OPINION.
Smith:
Section 303 of the Eevenue Act of 1926 provides in part as follows:
Seo. 308. For the purpose of the tax the value of the net estate shall.be determined—(a) In the case of a resident, by deducting from the value of the gross estate—
❖ * * * * *(3) The amount of bequests * * * to a trustee or trustees * * * exclusively for * * * charitable purposes, * * *
The respondent has disallowed the deduction of the bequest paid to the Knickerbocker Hospital under article eighth of the decedent’s will for the reason that it was not limited to charity and therefore did not come within the…
2Cases cited16 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mississippi Valley Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Greenberg v. United StatesDistrict Court, S.D. Florida · 1982
- Paris v. United StatesDistrict Court, N.D. Ohio · 1974
- Markle v. CommissionerUnited States Board of Tax Appeals · 1933