Estate of Gillespie v. Commissioner
United States Tax Court
D bequeathed her residual estate to a trust of which a church was a contingent remainderman. Such remainder does not constitute an interest in a charitable remainder annuity trust, a charitable remainder unitrust, or a pooled income fund, referred to in sec. 2055(e)(2)(A), I.R.C. 1954. Held, sec. 2055(e)(2) is constitutional, and therefore, the estate is not entitled to an estate tax charitable deduction for such contingent remainder interest.
Read the full summary
D bequeathed her residual estate to a trust of which a church was a contingent remainderman. Such remainder does not constitute an interest in a charitable remainder annuity trust, a charitable remainder unitrust, or a pooled income fund, referred to in sec. 2055(e)(2)(A), I.R.C. 1954. Held, sec. 2055(e)(2) is constitutional, and therefore, the estate is not entitled to an estate tax charitable deduction for such contingent remainder interest. Held, further, certain "dividends" omitted from the estate tax return are includable in the decedent's gross estate.
1Opinion of the Court
Simpson, Judge:
The Commissioner determined a deficiency of $33,874 in the petitioner’s estate tax. The parties have settled certain issues, and the issues remaining for decision are: (1) Whether section 2055(e)(2) of the Internal Revenue Code of 19541 is constitutional and disallows a deduction for a contingent remainder interest bequeathed to a church; and (2) whether the estate improperly omitted certain dividends on the estate tax return.
FINDINGS OF FACT
Some of the facts were stipulated, and those facts are so found.
The decedent, Mary E. Gillespie, died on December 4, 1974, and was a…
2Cases cited20 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- McGowan v. MarylandSupreme Court of the United States · 1961
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- City of New Orleans v. DukesSupreme Court of the United States · 1976
- Burnet v. WellsSupreme Court of the United States · 1933
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of La Meres v. Comm'rUnited States Tax Court · 1992
- Graham v. CommissionerUnited States Tax Court · 1982
- Estate of Burdick v. CommissionerUnited States Tax Court · 1991
- Lynch v. CommissionerUnited States Tax Court · 1983
- BALDWIN v. COMMISSIONERUnited States Tax Court · 2002
7 more not listed; retrieve them via the Exa API.