Legal Opinion

Estate of Brandon v. Commissioner

United States Tax Court

Decided October 31, 1988No. Docket No. 17539-83Published

This case is before us on remand from the U.S. Court of Appeals for the Eighth Circuit. We originally held that petitioner's estate tax marital deduction for amounts it paid to decedent's surviving spouse pursuant to a settlement agreement was, as a good-faith arm's-length agreement, an enforceable right and thus valid.

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This case is before us on remand from the U.S. Court of Appeals for the Eighth Circuit. We originally held that petitioner's estate tax marital deduction for amounts it paid to decedent's surviving spouse pursuant to a settlement agreement was, as a good-faith arm's-length agreement, an enforceable right and thus valid. On remand, we are asked to make an independent determination as to whether decedent's surviving spouse had an enforceable right against petitioner under the State dower election statute. In that regard we are specifically asked to determine the constitutionality of the…

1Opinion of the Court

Estate of George M. Brandon, Deceased, Willard C. Brandon, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Brandon v. Commissioner

Docket No. 17539-83

United States Tax Court

91 T.C. 829; 1988 U.S. Tax Ct. LEXIS 135; 91 T.C. No. 53;

October 31, 1988; As amended November 1, 1988 October 31, 1988, Filed

Decision will be entered under Rule 155.

This case is before us on remand from the U.S. Court of Appeals for the Eighth Circuit. We originally held that petitioner's estate tax marital deduction for amounts it paid to decedent's surviving spouse pursuant to a settlement…

2Cases cited18 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Reed v. ReedSupreme Court of the United States · 1971
  3. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  4. Frontiero v. RichardsonSupreme Court of the United States · 1973
  5. Orr v. OrrSupreme Court of the United States · 1979

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