Estate of Rubin v. Commissioner
United States Tax Court
Pursuant to an antenuptial agreement in which the intended wife relinquished all her rights, either as wife or widow, in property then owned or thereafter acquired by the intended husband, the husband-decedent in his will devised 50 percent of his residuary estate to a trust to pay his widow, from the income or principal if necessary, $ 100 per week for life, with remainder over, on the widow's death, to decedent's sons.
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Pursuant to an antenuptial agreement in which the intended wife relinquished all her rights, either as wife or widow, in property then owned or thereafter acquired by the intended husband, the husband-decedent in his will devised 50 percent of his residuary estate to a trust to pay his widow, from the income or principal if necessary, $ 100 per week for life, with remainder over, on the widow's death, to decedent's sons. Held, the value of the interest of the surviving wife in 50 percent of the residuary estate does not qualify for the marital deduction for estate tax purposes. Held, further,…
1Opinion of the Court
OPINION
Dhennen, Judge:
Respondent determined a deficiency of $13,978.24 in the Federal estate tax of petitioner. Two issues are presented for our determination: (1) Whether decedent’s estate is to be allowed a marital deduction under section 2056 of the Internal Revenue Code of 19541 as a result of his bequest of 50 percent of his residuary estate to a testamentary trust with provisions that the trustees pay his surviving spouse a lifetime support allowance of $100 a week from trust income, with remainder over to petitioner’s children; and (2) whether, in the alternative, decedent’s…
2Cases cited24 opinions
- Helvering v. StuartSupreme Court of the United States · 1942
- Commissioner v. WemyssSupreme Court of the United States · 1945
- Merrill v. FahsSupreme Court of the United States · 1945
- Harris v. CommissionerSupreme Court of the United States · 1950
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Trust Services of America, Inc. Toni Brotman Wald v. United StatesCourt of Appeals for the Ninth Circuit · 1989
- Estate of Carli v. Comm'rUnited States Tax Court · 1985
- Estate of James H. Waters, Jr., Deceased William Roger Waters and John B. McMillan Co-Executors v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1995
- Estate of Leach v. CommissionerUnited States Tax Court · 1984
- In Re Estate of MathaySupreme Court of Pennsylvania · 1975
6 more not listed; retrieve them via the Exa API.