Estate of Nachimson v. Commissioner
United States Tax Court
Decedent's will created a trust for the benefit of his widow, in lieu of dower and other rights in his estate. She was dissatisfied with this provision.
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Decedent's will created a trust for the benefit of his widow, in lieu of dower and other rights in his estate. She was dissatisfied with this provision. Instead of pursuing her rights to an assignment of dower or an interest in lieu thereof in the New Jersey courts, the widow entered into an arm's-length agreement with the estate and received a lump-sum payment of $ 10,000. Held, based upon New Jersey law, the $ 10,000 did not "pass" to the widow from the decedent and hence did not qualify for the marital deduction under sec. 2056, I.R.C. 1954.
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency in the estate tax against petitioner in the amount of $1,090.
Because of concessions by petitioner, the only issue for decision is whether petitioner is entitled to a marital deduction with respect to certain property which decedent’s widow received as a result of an agreement with, the estate whereby the widow relinquished all rights of inheritance and dower.
FINDINGS OP PACT
Some of the facts are stipulated and are found accordingly.
Joseph JSTachimson died testate, a resident of Paterson, 1ST.J., on May 14, 1963. Surviving him were his…
2Cases cited29 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Lyeth v. HoeySupreme Court of the United States · 1938
- Jackson v. United StatesSupreme Court of the United States · 1964
- Dorothy Jane Dougherty and Louis F. Baldwin, Executors of the Estate of Allen P. Jackson v. United StatesCourt of Appeals for the Sixth Circuit · 1961
- Katz v. FarberSupreme Court of New Jersey · 1950
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3Cited by9 opinions
- Estate of Howard v. CommissionerUnited States Tax Court · 1988
- Farley v. United StatesUnited States Court of Claims · 1978
- Iowa-Des Moines National Bank v. United StatesDistrict Court, S.D. Iowa · 1969
- Estate of Kincade v. CommissionerUnited States Tax Court · 1977
- Estate of Simpson v. CommissionerUnited States Tax Court · 1994
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