Luehrmann v. Commissioner
United States Tax Court
In computing for Federal estate tax purposes the present value of a charitable bequest, which consists of a remainder interest in the estate's residue, held, costs of administration and executors' commissions, even though claimed as deductions from the estate's gross income for Federal income tax purposes, are to be deducted in computing the value of the estate residue.
1DissentBruce, J.
In my opinion the facts and circumstances of this case require a conclusion contrary to that made by the majority. Accordingly I respectfully dissent on all of the grounds relied upon in the majority opinion.
The first ground relied upon in the majority opinion is that local law would require the estate’s costs of administration and executors’ commissions to be payable out of the corpus and not from the income of the estate, citing Estey v. Commerce Trust Co., 333 Mo. 977, 64 S.W. 2d 608.
In my opinion the Estey case does not go so far. Although somewhat difficult to analyze, it may safely be…
2Cases cited12 opinions
- Seatree v. CommissionerUnited States Board of Tax Appeals · 1932
- Iowa Bridge Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1930
- A. Finkenberg's Sons, Inc. v. CommissionerUnited States Tax Court · 1951
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Norfolk Nat. Bank of C. and T. v. Commissioner of Int. Rev.Court of Appeals for the Fourth Circuit · 1933
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