Estate of Racca v. Commissioner
United States Tax Court
Decedent's will contained a provision that in circumstances where "it is difficult, impossible or impractical to determine who died first, * * * it shall be presumed that my wife predeceased me." Held: As to one-half the value of the jointly held property, the local law of New York supplies a presumption that decedent was survived by his spouse notwithstanding the provision in decedent's will.
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Decedent's will contained a provision that in circumstances where "it is difficult, impossible or impractical to determine who died first, * * * it shall be presumed that my wife predeceased me." Held: As to one-half the value of the jointly held property, the local law of New York supplies a presumption that decedent was survived by his spouse notwithstanding the provision in decedent's will. Accordingly, the survivorship requirement of sec. 20.2056(a)-1(b)(1), Estate Tax Regs., is satisfied, and decedent's estate is entitled to a marital deduction under sec. 2056, I.R.C. 1954, for one-half…
1Opinion of the Court
Estate of Luigi Racca, George R. Funaro, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Racca v. Commissioner
Docket No. 2296-79
United States Tax Court
76 T.C. 416; 1981 U.S. Tax Ct. LEXIS 162;
March 2, 1981, Filed
Decision will be entered under Rule 155.
Decedent's will contained a provision that in circumstances where "it is difficult, impossible or impractical to determine who died first, * * * it shall be presumed that my wife predeceased me." Held: As to one-half the value of the jointly held property, the local law of New York supplies a presumption that…
2Cases cited13 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Burnet v. HarmelSupreme Court of the United States · 1932
- M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
- Smith v. SmithMassachusetts Supreme Judicial Court · 1972
- Allen v. HenggelerCourt of Appeals for the Eighth Circuit · 1929
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