Hailey v. Commissioner
United States Tax Court
Widow's interest in lump sum of $ 25,000 allowed to widow and minor child for year's support under Georgia statutes is a terminable interest and does not qualify for marital deduction under sec. 2056, I.R.C. 1954.
1Opinion of the Court
opinion.
Drennen, Judge:
Respondent determined a deficiency in estate tax against petitioner in the amount of $5,385.51.
The only issue is whether an amount set apart from the estate as a “year’s support” for the widow and minor child under the law of Georgia qualifies for the marital deduction under section 2056 of the Internal Revenue, Code of 1954.
All of the facts have been stipulated and are so found.
William Lamar Hailey, hereinafter referred to as the decedent, died testate on June 8,1955, a resident of Hartwell, Georgia.
Decedent was survived by his wife, Katherine McKay Hailey, a son, and…
2Cases cited12 opinions
- Estate of Rensenhouse v. CommissionerUnited States Tax Court · 1959
- Estate of Cunha v. CommissionerUnited States Tax Court · 1958
- Gale v. CommissionerUnited States Tax Court · 1960
- Rensenhouse v. CommissionerUnited States Tax Court · 1956
- Walden v. WaldenSupreme Court of Georgia · 1940
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Estate of Avery v. CommissionerUnited States Tax Court · 1963
- Estate of Landers v. CommissionerUnited States Tax Court · 1962
- Estate of Rudnick v. CommissionerUnited States Tax Court · 1961
- Estate of Avery v. CommissionerUnited States Tax Court · 1963
- Estate of Landers v. CommissionerUnited States Tax Court · 1962
2 more not listed; retrieve them via the Exa API.