Estate of Brandon v. Commissioner
United States Tax Court
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
- Welch v. HelveringSupreme Court of the United States · 1933
- United States v. BoyleSupreme Court of the United States · 1985
- Orr v. OrrSupreme Court of the United States · 1979
- Lyeth v. HoeySupreme Court of the United States · 1938
- 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
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Estate of George M. Brandon, Deceased, Willard C. Brandon v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1987
- Lilley v. CommissionerUnited States Tax Court · 1989
- Estate of Brandon v. CommissionerUnited States Tax Court · 1988
- Battat v. Comm'rUnited States Tax Court · 2017
9 more not listed; retrieve them via the Exa API.