Estate of Dancy v. Commissioner
United States Tax Court
D's executor, on her behalf, undertook to renounce and disclaim her survivorship rights in certain personal property which D had acquired as joint tenant with right of survivorship from her husband, who had predeceased her by 8 days. Such interests were excluded from D's Federal estate tax return.
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D's executor, on her behalf, undertook to renounce and disclaim her survivorship rights in certain personal property which D had acquired as joint tenant with right of survivorship from her husband, who had predeceased her by 8 days. Such interests were excluded from D's Federal estate tax return. Held: 1. The disclaimers were invalid for Federal estate tax purposes because they were invalid under applicable State law (North Carolina). 2. As to joint interests created after Dec. 31, 1981, the disclaimers did not qualify under the provisions of sec. 2518(c)(3), I.R.C. 1954, so as to avoid the…
1Opinion of the Court
Estate of Josephine O'Meara Dancy, Deceased, John J. Peck, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Dancy v. Commissioner
Docket No. 11774-85
United States Tax Court
89 T.C. 550; 1987 U.S. Tax Ct. LEXIS 129; 89 T.C. No. 39;
September 14, 1987; As amended September 21, 1987; Reversed and Remanded April 10, 1989 September 14, 1987, Filed
Decision will be entered under Rule 155.
D's executor, on her behalf, undertook to renounce and disclaim her survivorship rights in certain personal property which D had acquired as joint tenant with right of survivorship from her…
2Cases cited17 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Jewett v. CommissionerSupreme Court of the United States · 1982
- Commissioner of Internal Revenue v. ProcterCourt of Appeals for the Fourth Circuit · 1944
- Lois P. Cottrell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1980
- McDonald v. CommissionerUnited States Tax Court · 1987
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