Tingley v. Commissioner
United States Tax Court
Estate Tax -- Marital Deduction -- Sec. 812 (e) (1) (F), I. R. C. -- No marital deduction is allowable under section 812 (e) (1) (F) of the Code where a decedent left property in trust, the income to be paid to his wife for life and she to have the power to take down the corpus, but with the proviso that she was to lose the power to take down corpus and all of the income did not have to be distributed to her, if she became legally incapacitated or a guardian, conservator, or…
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Estate Tax -- Marital Deduction -- Sec. 812 (e) (1) (F), I. R. C. -- No marital deduction is allowable under section 812 (e) (1) (F) of the Code where a decedent left property in trust, the income to be paid to his wife for life and she to have the power to take down the corpus, but with the proviso that she was to lose the power to take down corpus and all of the income did not have to be distributed to her, if she became legally incapacitated or a guardian, conservator, or other custodian of her person or estate should be appointed.
1Opinion of the Court
OPINION.
MuRdock, Judge:
The Commissioner determined a deficiency of $29,845.15 in estate tax. The issue for decision is whether the petitioner is entitled to a marital deduction and the amount thereof. The facts necessary to the decision of that question have been stipulated and are found as stipulated.
Frank E. Tingley, the decedent, died testate on October 3, 1948, while residing in Rhode Island. He was survived by his wife, Mary, who was then 79 years of age. The estate tax return was filed with the collector of internal revenue for the district of Rhode Island.
The decedent’s last will was…
2Cited by33 opinions
- Pipe v. CommissionerUnited States Tax Court · 1954
- T. Everett Starrett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1955
- Shedd v. CommissionerUnited States Tax Court · 1954
- Tarver v. CommissionerUnited States Tax Court · 1956
- Hohensee v. CommissionerUnited States Tax Court · 1956
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