Estate of Harrison v. Commissioner
United States Tax Court
H and W boarded their private aircraft in July of 1993 but never arrived at their destination. Subsequently, probate orders were entered presuming identical April 1, 1994, dates of death and finding it more probable than not that the airplane crashed en route. The will of each spouse presumed survival by the other in circumstances where order of death was unknown and transferred a life estate to such surviving spouse.
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H and W boarded their private aircraft in July of 1993 but never arrived at their destination. Subsequently, probate orders were entered presuming identical April 1, 1994, dates of death and finding it more probable than not that the airplane crashed en route. The will of each spouse presumed survival by the other in circumstances where order of death was unknown and transferred a life estate to such surviving spouse. For estate tax purposes, the transferred life estates were valued on the basis of actuarial tables, and each estate took a credit for tax on prior transfers pursuant to sec.…
1Opinion of the Court
OPINION
NlMS, Judge:
Respondent determined a deficiency in Federal estate tax with respect to the Estate of Judith U. Harrison in the amount of $16,457, and a deficiency in Federal estate tax with respect to the Estate of Kenneth R. Harrison in the amount of $16,457. After concessions, the sole issue for decision is whether the Estates of Judith U. Harrison and Kenneth R. Harrison are entitled to credits for tax on prior transfers pursuant to section 2013.
Unless otherwise indicated, all section references are to sections of the Internal Revenue Code, and all Rule references are to the Tax Court…
2Cases cited9 opinions
- Flora v. United StatesSupreme Court of the United States · 1960
- Industrial Trust Co. v. United StatesSupreme Court of the United States · 1935
- Lederer v. Fidelity Trust Co.Supreme Court of the United States · 1925
- Estate of McLendon v. CommissionerCourt of Appeals for the Fifth Circuit · 1998
- Estate of Gloria A. Lion, Deceased, Morton E. Rome and George L. Clarke, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Le Caer v. Comm'rUnited States Tax Court · 2010
- Estate of Harrison v. CommissionerUnited States Tax Court · 2000
- Estate of Judith U. Harrison v. CommissionerUnited States Tax Court · 2000
- Estate of Le Caer v. Comm'rUnited States Tax Court · 2010
- Estate of Lucien J. Le Caer, Lorraine Le Caer-Domini, Co-Trustee and Denise Le Caer Stagner, Co-Trustee v. CommissionerUnited States Tax Court · 2010