Estate of Mackie v. Commissioner
United States Tax Court
Decedent bequeathed to his surviving spouse properties to be selected by her from the residue of his estate, sufficient to obtain the maximum allowable marital deduction. The will provided that she could accept or reject the bequest, in whole or in part, by delivering a written election to decedent's executrix within 4 months of his death. Failure to make an election was to be deemed a rejection of the bequest.
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Decedent bequeathed to his surviving spouse properties to be selected by her from the residue of his estate, sufficient to obtain the maximum allowable marital deduction. The will provided that she could accept or reject the bequest, in whole or in part, by delivering a written election to decedent's executrix within 4 months of his death. Failure to make an election was to be deemed a rejection of the bequest. Within 4 months of decedent's death, a written election of full acceptance was made. Held, that the interest bequeathed to decedent's surviving spouse is not a terminable interest and…
1Opinion of the Court
OPINION
Tannenwald, Judge:
Respondent determined a deficiency of $269,289.51 in decedent’s estate tax. The issue for decision is whether the estate is entitled to a deduction under section 20561 with respect to certain property which decedent’s surviving spouse received under the terms of his will.
All of the facts are stipulated and are found accordingly. The stipulation of facts and agreed exhibits (except to the extent that the objections of the parties to certain portions thereof have previously been sustained)2 are incorporated herein by this reference.
Petitioner is the duly qualified…
2Cases cited25 opinions
- T. Everett Starrett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1955
- Commissioner of Internal Revenue v. Estate of Harry A. Ellis, Deceased, Helen R. Ellis, Bernard B. Largman and Dan Denenberg, ExecutorsCourt of Appeals for the Third Circuit · 1958
- Dorothy Jane Dougherty and Louis F. Baldwin, Executors of the Estate of Allen P. Jackson v. United StatesCourt of Appeals for the Sixth Circuit · 1961
- Elizabeth Joan Allen and Alice Edna Stuhmer, Individually and as Executrices of the Estate of Chester A. Allen, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1966
- Rose Gelb, Victor Edwin Gelb, Manufacturers Trust Company, Executors, of the Estate of Harry Gelb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
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3Cited by18 opinions
- Estate of Clayton v. CommissionerUnited States Tax Court · 1991
- Estate of Hoenig v. CommissionerUnited States Tax Court · 1976
- Estate of Holland v. CommissionerUnited States Tax Court · 1975
- Estate of Dreyer v. CommissionerUnited States Tax Court · 1977
- Estate of Tompkins v. CommissionerUnited States Tax Court · 1977
13 more not listed; retrieve them via the Exa API.