Estate of Orphanos v. Commissioner
United States Tax Court
The testator directed in his will that certain property be held in trust and that the income be accumulated until a sufficient amount existed to build a hospital in Kerasitsa, Greece. Upon completion of the hospital the trust was to terminate, the property was to be sold, and the proceeds were to be used to equip the hospital. There were no further directions as to the hospital in the will.
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The testator directed in his will that certain property be held in trust and that the income be accumulated until a sufficient amount existed to build a hospital in Kerasitsa, Greece. Upon completion of the hospital the trust was to terminate, the property was to be sold, and the proceeds were to be used to equip the hospital. There were no further directions as to the hospital in the will. Respondent disallowed the claimed charitable deduction on the ground that the testator's heirs would inherit the hospital. Held, pursuant to Kentucky law we find that the testator's intent was to have a…
1Opinion of the Court
Tietjens, Judge:
Respondent determined a deficiency in petitioner’s estate tax return in the amount of $31,968.12.
The issue in this case is whether a bequest in trust for the purpose of erecting and equipping a hospital in Kerasitsa, Greece, qualifies as a charitable deduction under section 2055.1
FINDINGS OF FACT
The parties prepared a stipulation of some of the facts and exhibits which we so find.
Decedent Peter Orphanos died testate on December 22, 1971. His estate is the petitioner in this case. The executor for his estate is First Security National Bank & Trust Co. of Lexington, Ky.
In his…
2Cases cited11 opinions
- Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
- Calloway v. CallowayCourt of Appeals of Kentucky · 1916
- Wright v. SingletonCourt of Appeals of Kentucky · 1920
- University of Louisville v. Liberty National Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1973
- Graham v. JonesCourt of Appeals of Kentucky (pre-1976) · 1965
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Estate of Orphanos v. CommissionerUnited States Tax Court · 1977