Morrison v. Commissioner
United States Tax Court
Estate Tax Payments -- Effect on Value of Marital Deduction Property. -- In determining the value of property claimed as a marital deduction under sections 812 (e) (1) (A) and 812 (e) (1) (E) (i), I. R. C. 1939, held, under the facts and the law of the State where the administration is pending, the value of such property is not to be reduced by any part of the Federal and State estate taxes paid by the executors from the residuum of the estate.
1Opinion of the Court
OPINION.
Johnson, Judge:
In determining the value of the net estate subject to the payment of a Federal estate tax, among other deductions allowed is the “marital deduction” which is “an amount equal to the value of any interest in property which passes or has passed from the decedent to the surviving spouse.” Sec. 812 (e) (1) (A), I. R. C. 1939. In arriving at such “value” section 812 (e) (1) (E) (i) provides there shall be taken into account the effect which any- estate tax “has upon the net value to the surviving spouse.”
The question here presented is whether, in computing the marital…
2Cases cited15 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Young Men's Christian Assn. of Columbus v. DavisSupreme Court of the United States · 1924
- In Re Gallagher's WillNew Mexico Supreme Court · 1953
- Amoskeag Trust Co. v. Trustees of Dartmouth CollegeSupreme Court of New Hampshire · 1938
- Rogan v. TaylorCourt of Appeals for the Ninth Circuit · 1943
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3Cited by11 opinions
- Estate of Rice v. CommissionerUnited States Tax Court · 1963
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- Jaeger v. CommissionerUnited States Tax Court · 1957
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- SEYMOUR NATIONAL BANK, ADMR. v. HeidemanIndiana Court of Appeals · 1961
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