Legal Opinion

Estate of Christmas v. Commissioner

United States Tax Court

Decided October 6, 1988No. Docket No. 12926-86Published

Decedent died testate on Oct. 5, 1982, a resident of New Mexico. Her will, which decedent executed on Mar. 7, 1977, and did not revoke or amend prior to her death, contains a formula clause under which she devised to her surviving spouse that portion of her separate property, and to the extent necessary, her community property, which would equal the maximum marital deduction available under the Internal Revenue Code.

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Decedent died testate on Oct. 5, 1982, a resident of New Mexico. Her will, which decedent executed on Mar. 7, 1977, and did not revoke or amend prior to her death, contains a formula clause under which she devised to her surviving spouse that portion of her separate property, and to the extent necessary, her community property, which would equal the maximum marital deduction available under the Internal Revenue Code. Held: The provision in decedent's will is a maximum marital deduction formula clause within the meaning of the transitional rule of sec. 403(e)(3), Economic Recovery Tax Act of…

1Opinion of the Court

Estate of Pauline Christmas, Deceased, Ace Christmas, Personal Representative, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Christmas v. Commissioner

Docket No. 12926-86

United States Tax Court

91 T.C. 769; 1988 U.S. Tax Ct. LEXIS 131; 91 T.C. No. 49;

October 6, 1988. October 6, 1988, Filed

Decision will be entered under Rule 155.

Decedent died testate on Oct. 5, 1982, a resident of New Mexico. Her will, which decedent executed on Mar. 7, 1977, and did not revoke or amend prior to her death, contains a formula clause under which she devised to her surviving spouse that…

2Cases cited4 opinions

  1. Burnet v. HarmelSupreme Court of the United States · 1932
  2. Lyeth v. HoeySupreme Court of the United States · 1938
  3. Estate of Neisen v. CommissionerUnited States Tax Court · 1987
  4. Estate of Christmas v. CommissionerUnited States Tax Court · 1988

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