Estate of Brock v. Commissioner
United States Tax Court
At the time of his death, decedent owned an interest in a salt royalty relating to subsurface deposits in certain land; he and the other owners of the salt royalty owned the surface and had retained the right to occupy a residence on the surface as well as the right to conduct ranching operations on the land. Decedent died on Mar. 18, 1973. By will executed on Feb. 14, 1972, he gave a life interest in the salt royalty to his surviving spouse with the remainder to a church.
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At the time of his death, decedent owned an interest in a salt royalty relating to subsurface deposits in certain land; he and the other owners of the salt royalty owned the surface and had retained the right to occupy a residence on the surface as well as the right to conduct ranching operations on the land. Decedent died on Mar. 18, 1973. By will executed on Feb. 14, 1972, he gave a life interest in the salt royalty to his surviving spouse with the remainder to a church. The remainder interest was not an interest in a charitable remainder annuity trust or unitrust, or a pooled income fund.…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined a deficiency in petitioner’s Federal estate tax of $36,490.28. The only issue presented is whether the decedent’s estate is entitled to a charitable deduction under section 20551 for a gift to a church of a nontrust remainder interest in a salt royalty where an intervening life interest in the salt royalty was devised free of trust to his surviving spouse. The case was submitted on a stipulation of facts.
Petitioner is the Estate of Fred A. Brock, Jr., Eleanor Brock Ilfrey, executrix, who resided in Houston, Tex., when the petition herein was…
2Cases cited10 opinions
- Sheffield v. HoggTexas Supreme Court · 1934
- Tennant v. DunnTexas Supreme Court · 1937
- Lemar v. GarnerTexas Supreme Court · 1932
- Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
- Pepsi-Cola Niagara Bottling Corp. v. CommissionerUnited States Tax Court · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Patel v. Comm'rUnited States Tax Court · 2012
- Estate of Fred A. Brock, Jr., Eleanor Brock Ilfrey v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1980
- Estate of Blackford v. CommissionerUnited States Tax Court · 1981
- Oetting v. United StatesDistrict Court, E.D. Missouri · 1982
- ESTATE OF FLANIGAN v. COMMISSIONERUnited States Tax Court · 1982
6 more not listed; retrieve them via the Exa API.