Estate of Ray v. Commissioner
United States Tax Court
Under the terms of her will, the decedent made a bequest to her surviving husband on the condition that he execute and file with the Probate Court an agreement, within 4 months of her death, to devise to their daughter an amount equivalent in value to that of the bequest and also promise not to defeat this agreement by inter vivos gifts. In the event he did not execute this agreement the bequest was to pass to a trust for the benefit of the daughter.
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Under the terms of her will, the decedent made a bequest to her surviving husband on the condition that he execute and file with the Probate Court an agreement, within 4 months of her death, to devise to their daughter an amount equivalent in value to that of the bequest and also promise not to defeat this agreement by inter vivos gifts. In the event he did not execute this agreement the bequest was to pass to a trust for the benefit of the daughter. Held, the marital deduction is not allowable under sec. 2056(b), I.R.C. 1954, since the interest received by the surviving spouse was a…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined a deficiency in petitioner’s estate tax in the amount of $23,555.90. Under the terms of her will, the decedent, Virginia Loren Eay, gave her residuary estate to her surviving husband on the condition that within 4 months after her death he execute and file in Probate Court a binding agreement in which he promised to bequeath property of equivalent value to their daughter and also undertook to make no gifts or other transfers without adequate consideration seeking to defeat the provisions of the agreement for their daughter’s benefit. In the event…
2Cases cited16 opinions
- Shomaker v. CommissionerUnited States Tax Court · 1962
- Frentz v. CommissionerUnited States Tax Court · 1965
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- J. William Frentz v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1967
- Pipe v. CommissionerUnited States Tax Court · 1954
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Mackie v. CommissionerUnited States Tax Court · 1975
- Estate of Abely v. CommissionerUnited States Tax Court · 1973
- Estate of Ludwig Neugass, Deceased, Herbert Marx, Jacques Coe, Jr., and Chase Manhattan Bank, N. A., Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1977
- Estate of Abely v. CommissionerUnited States Tax Court · 1973
- Estate of Mackie v. CommissionerUnited States Tax Court · 1975
1 more not listed; retrieve them via the Exa API.