Legal Opinion

Estate of Brock v. Commissioner

United States Tax Court

Decided February 27, 1979No. Docket No. 1570-77Published

At the time of his death, decedent owned an interest in a salt royalty relating to subsurface deposits in certain land; he and the other owners of the salt royalty owned the surface and had retained the right to occupy a residence on the surface as well as the right to conduct ranching operations on the land. Decedent died on Mar. 18, 1973. By will executed on Feb. 14, 1972, he gave a life interest in the salt royalty to his surviving spouse with the remainder to a church.

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At the time of his death, decedent owned an interest in a salt royalty relating to subsurface deposits in certain land; he and the other owners of the salt royalty owned the surface and had retained the right to occupy a residence on the surface as well as the right to conduct ranching operations on the land. Decedent died on Mar. 18, 1973. By will executed on Feb. 14, 1972, he gave a life interest in the salt royalty to his surviving spouse with the remainder to a church. The remainder interest was not an interest in a charitable remainder annuity trust or unitrust, or a pooled income fund.…

1Opinion of the Court

Estate of Fred A. Brock, Jr., Eleanor Brock Ilfrey, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Brock v. Commissioner

Docket No. 1570-77

United States Tax Court

71 T.C. 901; 1979 U.S. Tax Ct. LEXIS 167;

February 27, 1979, Filed

Decision will be entered for the respondent.

At the time of his death, decedent owned an interest in a salt royalty relating to subsurface deposits in certain land; he and the other owners of the salt royalty owned the surface and had retained the right to occupy a residence on the surface as well as the right to conduct ranching operations…

2Cases cited11 opinions

  1. Sheffield v. HoggTexas Supreme Court · 1934
  2. Tennant v. DunnTexas Supreme Court · 1937
  3. Lemar v. GarnerTexas Supreme Court · 1932
  4. Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
  5. Pepsi-Cola Niagara Bottling Corp. v. CommissionerUnited States Tax Court · 1967

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