Estate of Clopton v. Commissioner
United States Tax Court
An inter vivos trust, includable in P, the grantor's estate, distributed funds to an educational organization which had had its tax-exempt status revoked. The donee organization had been deleted from the IRS Cumulative List prior to the date of the distribution, but revocation of its tax-exempt status was never published in the Internal Revenue Bulletin. Held, P is not entitled to a sec. 2055(a) estate tax deduction.
Read the full summary
An inter vivos trust, includable in P, the grantor's estate, distributed funds to an educational organization which had had its tax-exempt status revoked. The donee organization had been deleted from the IRS Cumulative List prior to the date of the distribution, but revocation of its tax-exempt status was never published in the Internal Revenue Bulletin. Held, P is not entitled to a sec. 2055(a) estate tax deduction. Held, further, the trustees' lack of personal knowledge of the deletion is immaterial.
1Opinion of the Court
CLAPP, Judge:
Respondent determined a deficiency in petitioner’s Federal estate tax of $85,708.96. The sole issue in this case is whether petitioner is entitled to an estate tax deduction under section 2055(a)1 for a bequest, pursuant to a trust agreement, of $190,395 to the Virginia Education Fund, Inc. (VEF).
FINDINGS OF FACT
Some of the facts have been stipulated and Eire so found. The stipulation of facts and exhibits are incorporated herein by this reference.
Petitioner is the Estate of Sally H. Clopton, Deceased (decedent), George M. Modlin, Executor (Modlin). The estate tax return of the…
2Cases cited14 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Bob Jones University v. SimonSupreme Court of the United States · 1974
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- United States v. CalderonSupreme Court of the United States · 1954
- Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Estate of Clopton v. CommissionerUnited States Tax Court · 1989