Estate of Barrett v. Commissioner
United States Tax Court
Decedent assumed certain obligations to his divorced wife in a property settlement agreement that was adopted and approved in a California interlocutory decree of divorce which he agreed not to appeal. Thereafter, a Nevada court entered a decree of divorce, adopting therein the property settlement agreement as approved by the California court.
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Decedent assumed certain obligations to his divorced wife in a property settlement agreement that was adopted and approved in a California interlocutory decree of divorce which he agreed not to appeal. Thereafter, a Nevada court entered a decree of divorce, adopting therein the property settlement agreement as approved by the California court. Held: The foregoing obligations were "founded on a promise or agreement" not shown to have been contracted "for an adequate and full consideration in money or money's worth" (secs. 2053(c)(1)(A), 2053(e), and 2043(b), I.R.C. 1954), and therefore are not…
1Opinion of the Court
OPINION
Naum, Judge:
The Commissioner determined a deficiency of $27,581.26 in the estate tax of the Estate of Saxton W. Barrett. The only issue remaining for decision is the deductibility, under section 2053, I.B.C. 1954, of $38,475.69, representing claims of Virginia B. Barrett, decedent’s former wife. The facts have been stipulated.
The decedent, Saxton W. Barrett (Barrett), died testate on December 29, 1964, a resident of the State of California. Security Pacific National Bank, a California corporation, was appointed executor of his will. Its principal office was in Los Angeles, Calif., at…
2Cases cited39 opinions
- Treinies v. Sunshine Mining Co.Supreme Court of the United States · 1940
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- Davis v. DavisSupreme Court of the United States · 1938
- Pereira v. PereiraCalifornia Supreme Court · 1909
- Harris v. CommissionerSupreme Court of the United States · 1950
34 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of Robinson v. CommissionerUnited States Tax Court · 1975
- William P. Gray, as of the Will of William G. Robertson, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1976
- Estate of Barrett v. CommissionerUnited States Tax Court · 1971
- Estate of Robinson v. CommissionerUnited States Tax Court · 1975