Estate of Blackford v. Commissioner
United States Tax Court
By testamentary disposition, decedent granted a life estate in her personal residence to her surviving husband. Upon the termination of the life estate, decedent's executor was directed under the terms of the will to sell the residence and distribute the proceeds to four named charities.
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By testamentary disposition, decedent granted a life estate in her personal residence to her surviving husband. Upon the termination of the life estate, decedent's executor was directed under the terms of the will to sell the residence and distribute the proceeds to four named charities. Held, the disposition in favor of the charities is equivalent to the "contribution of a remainder interest in a personal residence" within the meaning of sec. 170(f)(3)(B)(i), I.R.C. 1954, and, therefore, under sec. 2055(a), I.R.C. 1954, decedent's estate is entitled to a charitable deduction equal to the…
1Opinion of the Court
OPINION
Sterrett, Judge:
By statutory notice dated December 6, 1979, respondent determined a deficiency in petitioner’s Federal estate tax in the amount of $9,476.06. After concessions, the sole issue for our decision is whether petitioner is entitled to a charitable deduction under section 2055, I.R.C. 1954, for amounts passing to qualifying charitable beneficiaries after the termination of a life estate.
The facts have been fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts and exhibits attached thereto are incorporated herein by this…
2Cases cited11 opinions
- Rowan Cos. v. United StatesSupreme Court of the United States · 1981
- Mosells Silvey Pitner v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- The Miami Beach First National Bank, as Under the Will of Lenore P. Hartz, Deceased v. United StatesCourt of Appeals for the First Circuit · 1971
- Greer v. United StatesCourt of Appeals for the Fourth Circuit · 1971
- Estate of Lapinsky v. SparacinoWest Virginia Supreme Court · 1963
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3Cited by4 opinions
- Estate of Boeshore v. CommissionerUnited States Tax Court · 1982
- ESTATE OF FLANIGAN v. COMMISSIONERUnited States Tax Court · 1982
- Estate of Blackford v. CommissionerUnited States Tax Court · 1981
- Estate of Boeshore v. CommissionerUnited States Tax Court · 1982