Legal Opinion

Estate of Landers v. Commissioner

United States Tax Court

Decided September 13, 1962No. Docket No. 82578PublishedCited by 17 opinions

Decedent died March 10, 1956, a resident of Georgia. He left a somewhat ambiguous will which the Superior Court construed as giving his widow (in essence) a life estate with power to consume with respect to certain property. The Superior Court also decreed that another bequest was void for indefiniteness, thereby creating a partial intestacy. The widow was entitled to one-fifth of the property passing under the intestacy laws of Georgia.

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Decedent died March 10, 1956, a resident of Georgia. He left a somewhat ambiguous will which the Superior Court construed as giving his widow (in essence) a life estate with power to consume with respect to certain property. The Superior Court also decreed that another bequest was void for indefiniteness, thereby creating a partial intestacy. The widow was entitled to one-fifth of the property passing under the intestacy laws of Georgia. One year after the decree, which had then become final, all interested parties "dismissed" the action and entered into a compromise settlement. The Court of…

1Opinion of the Court

Forrester, Judge:

Respondent has determined a deficiency in the estate tax liability of petitioner in the amount of $13,751.38.

The issues presented for our determination are: (1) Whether the decree of the local probate court relative to the interest which decedent’s wife acquired under his will is binding upon us; and, in any event, whether said interest constituted a “terminable interest” within the meaning of section 2056(b)1 (and the exception thereto, section 2056(b) (5)) so as to deny the petitioner the marital deduction under section 2056(a); (2) whether the amount set aside, pursuant to…

2Cases cited51 opinions

  1. Milliken v. MeyerSupreme Court of the United States · 1941
  2. Blair v. CommissionerSupreme Court of the United States · 1937
  3. Freuler v. HelveringSupreme Court of the United States · 1934
  4. United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
  5. Gallagher v. SmithCourt of Appeals for the Third Circuit · 1955

46 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Estate of Heckscher v. CommissionerUnited States Tax Court · 1975
  2. Estate of Hamilton H. Peyton, Deceased, John L. Peyton, and Olive Peyton v. Commissioner or Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
  3. Hamilton National Bank of Knoxville, of the Estate of John Edd Bradley v. United StatesCourt of Appeals for the Sixth Circuit · 1965
  4. Estate of Park v. CommissionerUnited States Tax Court · 1972
  5. Estate of Reilly v. CommissionerUnited States Tax Court · 1981

12 more not listed; retrieve them via the Exa API.

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