Estate of Pierpont v. Commissioner
United States Tax Court
Held, under Maryland law, the donee of a testamentary power of appointment could not appoint to herself or to her estate, absent express provision therefor, and the power of appointment does not qualify for the marital deduction under section 2056(b)(5), I.R.C. 1954. Held, further, decree of Circuit Court of Baltimore City in uncontested declaratory judgment proceeding is not binding on this Court.
1Opinion of the Court
Estate of Mervin G. Pierpont, Deceased, Union Trust Company of Maryland and Ernest L. Poyner, Executors, v. Commissioner.
Estate of Pierpont v. Commissioner
Docket No. 86052.
United States Tax Court
T.C. Memo 1962-286; 1962 Tax Ct. Memo LEXIS 23; 21 T.C.M. (CCH) 1515; T.C.M. (RIA) 62286;
November 30, 1962
Held, under Maryland law, the donee of a testamentary power of appointment could not appoint to herself or to her estate, absent express provision therefor, and the power of appointment does not qualify for the marital deduction under section 2056(b)(5), I.R.C. 1954. Held, further, decree of…
2Cases cited13 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Saulsbury v. United StatesCourt of Appeals for the Fifth Circuit · 1952
- Estate of Arthur Sweet, Deceased. Tracy-Collins Trust Company, Administrator v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1956
- Estate of Floyd B. Faulkerson, Deceased, Berniece E. Faulkerson, Administratrix v. United StatesCourt of Appeals for the Seventh Circuit · 1962
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