Babcock v. Commissioner
United States Tax Court
Estate Tax -- Apportionment -- Marital Deduction -- Pennsylvania Inheritance Tax -- Sec. 812 (e) (1) (E) (i) (1939 Code). -- The Pennsylvania inheritance tax, a charge on the property received and not on the estate of the decedent, has the effect of reducing the net value of the interest of the surviving spouse and must be subtracted in determining the marital deduction.
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Estate Tax -- Apportionment -- Marital Deduction -- Pennsylvania Inheritance Tax -- Sec. 812 (e) (1) (E) (i) (1939 Code). -- The Pennsylvania inheritance tax, a charge on the property received and not on the estate of the decedent, has the effect of reducing the net value of the interest of the surviving spouse and must be subtracted in determining the marital deduction. No part of that tax is shifted to the estate or other beneficiaries thereof by the 1937 statute of Pennsylvania on apportionment of estate taxes.
1Opinion of the Court
OPINION.
Murdook, Judge:
The Commissioner determined a deficiency of $1,112,253.63 in estate tax. The case has been presented on stipulated facts which settle all of the issues but one. The stipulations are adopted as the findings of fact.
The estate tax return was filed with the collector of internal revenue for the twenty-third district of Pennsylvania.
The only question upon which the parties disagree is whether the 2 per cent Pennsylvania inheritance tax, imposed upon the share of the estate going to the widow, reduces the net value of that interest in the estate of the decedent for which a…
2Cases cited7 opinions
- Mellon EstateSupreme Court of Pennsylvania · 1943
- Harvey EstateSupreme Court of Pennsylvania · 1944
- Spangenberg EstateSupreme Court of Pennsylvania · 1948
- Estate of Clarence v. Elliott, Dec'd.Superior Court of Pennsylvania · 1934
- Youngblood's EstateSuperior Court of Pennsylvania · 1935
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Edward v. Babcock, Deceased, Mellon National Bank and Trust Company and Mary A. Babcock, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1956
- Stevens v. CommissionerUnited States Tax Court · 1961
- Hagenlocher v. CommissionerUnited States Tax Court · 1964
- Babcock v. CommissionerUnited States Tax Court · 1955
- Hagenlocher v. CommissionerUnited States Tax Court · 1964
1 more not listed; retrieve them via the Exa API.