May v. Commissioner
United States Tax Court
The surviving wife received a legal life estate in the decedent's residuary estate, together with the right to invade the principal for her comfort, happiness, and well-being. Held, that the wife's right to invade the principal was not an unlimited power to invade or appoint the entire principal to herself and the estate is not entitled to the marital deduction under section 812(e)(1)(F).
1Opinion of the Court
OPINION.
Mulroney, Judge:
Respondent determined a deficiency in the petitioner’s estate tax in the amount of $34,971.01. The sole issue is whether certain property passing under the residuary clause of the will of Ralph G. May qualifies as a marital deduction under section 812(e) of the Internal Revenue Code of 1939, as amended by section 93 of the Technical Amendments Act of 1958.1 All of the facts have been stipulated.
Ralph G. May died on November 6,1953. At the time of his death he was a resident of and domiciled in the State of New York. Mildred K. May, decedent’s wife, was 51 years of age…
2Cases cited13 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Pipe v. CommissionerUnited States Tax Court · 1954
- Commissioner of Internal Revenue v. Estate of Harry A. Ellis, Deceased, Helen R. Ellis, Bernard B. Largman and Dan Denenberg, ExecutorsCourt of Appeals for the Third Circuit · 1958
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
- Estate of Landers v. CommissionerUnited States Tax Court · 1962
- Field v. CommissionerUnited States Tax Court · 1963
- Semmes v. CommissionerUnited States Tax Court · 1959
- Benjamin v. CommissionerUnited States Tax Court · 1965
18 more not listed; retrieve them via the Exa API.