Estate of Mellinger v. Commissioner
United States Tax Court
P died owning 2,460,580 shares of stock that were held in her revocable trust. The stock was included in her estate pursuant to sec. 2033, I.R.C. Also included in her estate, pursuant to sec. 2044, I.R.C., were 2,460,580 shares of the same stock held in a QTIP trust established by decedent's predeceased spouse. HELD: The shares of stock should not merge or be aggregated for Federal estate tax valuation purposes.
1Opinion of the Court
COHEN, Chief Judge:
Respondent determined a deficiency of $10,574,983 in the Federal estate tax of the estate of Harriett R. Mellinger (decedent). After concessions by the parties, the issues remaining for decision are:(1) Whether section 2044 requires aggregation, for valuation purposes, of the stock held in a trust established by decedent’s predeceased spouse under section 2056(b)(7) with stock held in decedent’s revocable trust and with stock held outright by decedent; and(2) if section 2044 does not require aggregation, the fair market value of the stock at decedent’s death.
Unless…
2Cases cited21 opinions
- United States v. WellsSupreme Court of the United States · 1931
- United States v. CartwrightSupreme Court of the United States · 1973
- Michael L. Rockwell, and Regina Rockwell v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1975
- Buffalo Tool & Die Mfg. Co. v. CommissionerUnited States Tax Court · 1980
- Parker v. CommissionerUnited States Tax Court · 1986
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Porter v. Comm'rUnited States Tax Court · 2009
- Shepherd v. CommissionerUnited States Tax Court · 2000
- Clemency v. Department of RevenueWashington Supreme Court · 2012
- Estate of Morgens v. Comm'rUnited States Tax Court · 2009
- Hoffman v. ConnellCalifornia Court of Appeal · 1999
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