Estate of Warren v. Commissioner
United States Tax Court
Held, the will of decedent, who was a resident of Texas at the date of her death, is unambiguous in providing that all administrative expenses are to be deducted from her residuary estate prior to its passage into two charitable annuity trusts.
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Held, the will of decedent, who was a resident of Texas at the date of her death, is unambiguous in providing that all administrative expenses are to be deducted from her residuary estate prior to its passage into two charitable annuity trusts. Held, further, even though the Texas Probate Court adopted an agreement between the charitable beneficiaries and the remainder beneficiaries of the trusts which allocated a portion of administrative expenses to income of the estate, the unambiguous provisions of decedent's will, as well as the statutory and decisional law of the State of Texas, require…
1Opinion of the Court
SCOTT, Judge:
Respondent determined a deficiency in the Federal estate tax of the Estate of Dorothy J. Warren in the amount of $34,340,734.68. Some of the issues raised by the pleadings have been disposed of by agreement of the parties, leaving for our decision whether all administration expenses incurred by the Estate of Dorothy J. Warren (petitioner or the estate) must be subtracted from residuary corpus, thereby reducing the estate’s charitable annuity deduction under section 2055(e)(2)(B), even though a portion of such expenses may have been paid with post-mortem income.1
FINDINGS OF FACT
Som…
2Cases cited23 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Shriner's Hospital for Crippled Children of Texas v. StahlTexas Supreme Court · 1980
- Stewart v. SelderTexas Supreme Court · 1971
- Perfect Union Lodge No. 10 v. Interfirst Bank of San Antonio, N.A.Texas Supreme Court · 1988
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Robinson v. CommissionerUnited States Tax Court · 1994
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Estate of Warren v. CommissionerUnited States Tax Court · 1990
2 more not listed; retrieve them via the Exa API.