Elson v. Commissioner
United States Tax Court
1. Under Iowa law, where husband and wife execute a joint and mutual will which remains unrevoked at the death of one of the makers, the surviving spouse is estopped to set up any right which tends in whole or in part to defeat the common purpose. 2. Order of District Court of Polk County, Iowa, approving widow's election to take her statutory interest in lieu of the provisions of will, under the facts, is not binding on this Court. 3. Property interest which widow acquired…
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1. Under Iowa law, where husband and wife execute a joint and mutual will which remains unrevoked at the death of one of the makers, the surviving spouse is estopped to set up any right which tends in whole or in part to defeat the common purpose. 2. Order of District Court of Polk County, Iowa, approving widow's election to take her statutory interest in lieu of the provisions of will, under the facts, is not binding on this Court. 3. Property interest which widow acquired under will of decedent constitutes a terminable interest which does not qualify for marital deduction under section 812…
1Opinion of the Court
Estate of Charles Elson, Deceased, Lloyd E. Elson, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent
Elson v. Commissioner
Docket No. 58628
United States Tax Court
28 T.C. 442; 1957 U.S. Tax Ct. LEXIS 180;
May 24, 1957, Filed
Decision will be entered under Rule 50.
1. Under Iowa law, where husband and wife execute a joint and mutual will which remains unrevoked at the death of one of the makers, the surviving spouse is estopped to set up any right which tends in whole or in part to defeat the common purpose.
2. Order of District Court of Polk County, Iowa, approving widow's…
2Cases cited18 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Gallagher v. SmithCourt of Appeals for the Third Circuit · 1955
- Baker v. SyfrittSupreme Court of Iowa · 1910
- MacDonald v. CommissionerUnited States Tax Court · 1944
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