Estate of Geiger v. Commissioner
United States Tax Court
Decedent's estate included personal property used in a hardware business and real and personal property used in farming operations. The value of the farm property comprised 42 percent of the adjusted value of the gross estate, and, when combined with the hardware, personal property comprised 53 percent of the adjusted value of the gross estate.
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Decedent's estate included personal property used in a hardware business and real and personal property used in farming operations. The value of the farm property comprised 42 percent of the adjusted value of the gross estate, and, when combined with the hardware, personal property comprised 53 percent of the adjusted value of the gross estate. Held, the properties of the separate businesses could not be aggregated in determining whether the estate qualified for special use valuation of the farm real property under sec. 2032A, I.R.C. 1954.
1Opinion of the Court
OPINION
Cohen, Judge:
This case has been submitted fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts is incorporated herein by this reference. Walter H. Geiger (decedent) died a resident of Allegany County, Md., on May 7,1977. Petitioners are the duly appointed and qualifying personal representatives of the estate of decedent and resided at LaVale, Md., at the time the petition herein was filed.
Petitioners filed an estate tax return for the estate of decedent with the Philadelphia Service Center on February 7, 1978. On that return,…
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