Estate of Caswell v. Commissioner
United States Tax Court
The estate's Federal estate tax return was due Jan. 21, 1968. Prior to that date, two distributees of the estate executed a deed in favor of the third, the surviving spouse of the decedent.
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The estate's Federal estate tax return was due Jan. 21, 1968. Prior to that date, two distributees of the estate executed a deed in favor of the third, the surviving spouse of the decedent. Held, the deed was not a disclaimer for purposes of the marital deduction (sec. 2056 (a) and (d)( 2), I.R.C. 1954); held, further, for purposes of such provisions, renunciations actually filed on Aug. 8, 1968, are considered filed on such date and consequently were filed too late to constitute effective disclaimers, notwithstanding a nunc pro tunc order of the State court treating the renunciations as…
1Opinion of the Court
OPINION
Simpson, Judge:
The respondent determined a deficiency of $7,300.68 in the petitioner’s estate tax. Due to concessions, the only issues remaining for decision are whether a deed, or retroactive renunciations, qualify as disclaimers under section 2056(d) (2) of the Internal Eevenue Code of 1954,1 relating to the marital deduction.
All of the facts have been stipulated, and those facts are so found.
The petitioner is the Estate of C. Warren Caswell, who died intestate on October 21,1966. The administratrix of the estate was Lois S. Caswell, his wife, whose legal residence was in Eockville…
2Cases cited16 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Burnet v. HarmelSupreme Court of the United States · 1932
- J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
- Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
- Daine v. CommissionerUnited States Tax Court · 1947
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3Cited by13 opinions
- Estate of Mackie v. CommissionerUnited States Tax Court · 1975
- Parker v. CommissionerUnited States Tax Court · 1974
- Estate of Dancy v. CommissionerUnited States Tax Court · 1987
- Rykiel v. RykielDistrict Court of Appeal of Florida · 2001
- Estate of Salter v. CommissionerUnited States Tax Court · 1975
8 more not listed; retrieve them via the Exa API.