Legal Opinion

Estate of Brandon v. Commissioner

United States Tax Court

Decided March 10, 1986No. Docket No. 17539-83PublishedCited by 14 opinions

A settlement agreement was reached between the executor of decedent's estate and decedent's surviving spouse. Subsequent to the settlement, the statute which prescribed a surviving spouse's rights when electing to take against a decedent's will was held unconstitutional. Held, the settlement agreement was a bona fide recognition of the surviving spouse's rights under the law.

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A settlement agreement was reached between the executor of decedent's estate and decedent's surviving spouse. Subsequent to the settlement, the statute which prescribed a surviving spouse's rights when electing to take against a decedent's will was held unconstitutional. Held, the settlement agreement was a bona fide recognition of the surviving spouse's rights under the law. Held, the settlement amount is deductible by decedent's estate as a marital deduction pursuant to section 2056. Estate of Barrett v. Commissioner, 22 T.C. 606 (1954), followed.

1Opinion of the Court

DRENNEN, Judge:

Respondent determined a deficiency in Federal estate tax against the Estate of George M. Brandon, deceased, in the amount of $33,560, and an addition to tax of $8,390.

After concessions, the principal issue remaining for our decision is whether an amount paid to a decedent’s surviving spouse pursuant to a settlement of her claim to a share of her late husband’s estate is deductible from the decedent’s gross estate as a marital deduction pursuant to section 2056.1 In addition, we must determine whether the failure to timely file decedent’s estate tax return was due to reasonable…

2Cases cited10 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. United States v. BoyleSupreme Court of the United States · 1985
  3. Orr v. OrrSupreme Court of the United States · 1979
  4. Lyeth v. HoeySupreme Court of the United States · 1938
  5. Commissioner v. Lane-Wells Co.Supreme Court of the United States · 1944

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Estate of Hubert v. CommissionerUnited States Tax Court · 1993
  2. Estate of George M. Brandon, Deceased, Willard C. Brandon v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1987
  3. Lilley v. CommissionerUnited States Tax Court · 1989
  4. Estate of Brandon v. CommissionerUnited States Tax Court · 1988
  5. Battat v. Comm'rUnited States Tax Court · 2017

9 more not listed; retrieve them via the Exa API.

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