Estate of Pollard v. Commissioner
United States Tax Court
In an antenuptial agreement H and W each waived all claims of dower, curtesy, or other statutory right in the property of the other, and they also agreed in substance that the survivor of the first to die would be entitled to a life estate in the property of the decedent.
Read the full summary
In an antenuptial agreement H and W each waived all claims of dower, curtesy, or other statutory right in the property of the other, and they also agreed in substance that the survivor of the first to die would be entitled to a life estate in the property of the decedent. Held, upon W's death, the commuted value of H's life interest in W's property does not qualify for deduction from W's gross estate as a "claim" against her estate contracted for an "adequate and full consideration in money or money's worth." Sec. 2053(c), I.R.C. 1954.
1Opinion of the Court
Estate of Frances R. Pollard, Harold K. Burt, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Pollard v. Commissioner
Docket No. 5688-66
United States Tax Court
52 T.C. 741; 1969 U.S. Tax Ct. LEXIS 83;
August 4, 1969, Filed
Decision will be entered for the respondent.
In an antenuptial agreement H and W each waived all claims of dower, curtesy, or other statutory right in the property of the other, and they also agreed in substance that the survivor of the first to die would be entitled to a life estate in the property of the decedent. Held, upon W's death, the…
2Cases cited15 opinions
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Woolford Realty Co. v. RoseSupreme Court of the United States · 1932
- Merrill v. FahsSupreme Court of the United States · 1945
- Taft v. CommissionerSupreme Court of the United States · 1938
- United States v. Estate of GraceSupreme Court of the United States · 1969
10 more not listed; retrieve them via the Exa API.