Estate of Weisberger v. Commissioner
United States Tax Court
1. Decedent's will created a trust over which his widow received an unlimited testamentary power of appointment. She was also entitled to all the income for life, subject, however, to the right of the trustee to divert to decedent's sons so much thereof as should, together with other income available to them, prove necessary to reasonably provide for their maintenance and education. The sons had at least one other substantial source of income.
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1. Decedent's will created a trust over which his widow received an unlimited testamentary power of appointment. She was also entitled to all the income for life, subject, however, to the right of the trustee to divert to decedent's sons so much thereof as should, together with other income available to them, prove necessary to reasonably provide for their maintenance and education. The sons had at least one other substantial source of income. Held, the trust does not qualify for the marital deduction under section 812 (e) (1) (F), I. R. C. 1939. 2. A sum was paid to the State of Ohio on…
1Opinion of the Court
Forrester, Judge:
Respondent has determined a deficiency in estate tax of the petitioner in the amount of $33,151.25. The issues are (1) whether respondent erred in disallowing the marital deduction in respect of a trust created by decedent’s will, and (2) whether respondent erred in disallowing a credit for State inheritance tax paid, a part of which may eventually be recovered.
FINDINGS OF FACT.
The stipulation of facts filed by the parties is incorporated by this reference as a part of our findings.
Petitioner is the Estate of Allen L. Weisberger, who died testate on November 13, 1952, a…
2Cases cited17 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
- White v. United StatesSupreme Court of the United States · 1938
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3Cited by21 opinions
- Rose Gelb, Victor Edwin Gelb, Manufacturers Trust Company, Executors, of the Estate of Harry Gelb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
- Estate of Doherty v. Comm'rUnited States Tax Court · 1990
- Estate of Wycoff v. CommissionerUnited States Tax Court · 1973
- Estate of Robertson v. CommissionerUnited States Tax Court · 1992
- Estate of Davis v. CommissionerUnited States Tax Court · 1986
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