Juster v. Commissioner
United States Tax Court
Held that the value of the residuary trust to decedent's wife, and therefore the value of the marital deduction, under sections 812 (e) (1) (A) and 812 (e) (1) (E) (i), Internal Revenue Code of 1939, is to be computed after deduction for the Federal estate tax chargeable to decedent's estate.
1Opinion of the Court
OPINION.
Bruce, Judge:
There is no question, nor does the respondent dispute, that the residuary trust to decedent’s wife qualifies for the marital deduction under section 812 (e) (1) (A) of the Internal Revenue Code of 1939.1 The question presented is whether the value of the residuary trust to decedent’s wife, and therefore the value of the marital deduction, under sections 812 (e) (1) (A) and 812 (e) (1) (E) (i),2 is to be computed without reduction for any part of the Federal estate tax chargeable to the Estate of Charles Juster. The parties are in agreement that the law of the State of New…
2Cases cited6 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- In re the Estate of PepperNew York Court of Appeals · 1954
- In Re the Accounting of PhippsNew York Court of Appeals · 1948
- In Re the Accounting of HamlinNew York Court of Appeals · 1919
- Gum, Inc. v. Gumakers of America, Inc.Court of Appeals for the Third Circuit · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Estate of Avery v. CommissionerUnited States Tax Court · 1963
- Estate of Rice v. CommissionerUnited States Tax Court · 1963
- Jaeger v. CommissionerUnited States Tax Court · 1957
- Estate of Leach v. CommissionerUnited States Tax Court · 1984
- Boomershine v. CommissionerUnited States Tax Court · 1987
8 more not listed; retrieve them via the Exa API.