Legal Opinion

Estate of Hoenig v. Commissioner

United States Tax Court

Decided June 15, 1976No. Docket No. 869-74Published

Held, a legacy to which the decedent was entitled at the time of his death was not includable in his gross estate for purposes of sec. 2001, I.R.C. 1954, as amended, where, within a reasonable time of the death of the testatrix, the legacy was disclaimed by the decedent's executors in compliance with applicable State law.

1Opinion of the Court

Estate of Edward E. Hoenig, Morgan Guaranty Trust Company of New York and Samuel S. Zuckerberg, Executors, Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Hoenig v. Commissioner

Docket No. 869-74

United States Tax Court

66 T.C. 471; 1976 U.S. Tax Ct. LEXIS 94;

June 15, 1976, Filed

Decision will be entered under Rule 155.

Held, a legacy to which the decedent was entitled at the time of his death was not includable in his gross estate for purposes of sec. 2001, I.R.C. 1954, as amended, where, within a reasonable time of the death of the testatrix, the legacy was disclaimed by the…

2Cases cited18 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  3. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  4. Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
  5. First National Bank of Montgomery v. United StatesDistrict Court, M.D. Alabama · 1959

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