Estate of Gawne v. Commissioner
United States Tax Court
Decedent's wife made a gift between Sept. 8, 1976, and Jan. 1, 1977, which was considered as made one-half by the decedent pursuant to an election under sec. 2513, I.R.C. 1954. Decedent used $ 18,389.38 of his specific exemption for gift taxes in connection with this gift.
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Decedent's wife made a gift between Sept. 8, 1976, and Jan. 1, 1977, which was considered as made one-half by the decedent pursuant to an election under sec. 2513, I.R.C. 1954. Decedent used $ 18,389.38 of his specific exemption for gift taxes in connection with this gift. Held, for purposes of estate taxes, the amount allowed as a specific exemption for a gift "considered as made" by the donor's spouse causes a reduction in the amount of the unified credit for the nondonor under sec. 2010(c), I.R.C. 1954; therefore, the amount of specific exemption used by decedent should be considered in…
1Opinion of the Court
OPINION
Tietjens, Judge:
Respondent determined a deficiency of $2,039 in petitioner’s Federal estate tax. The sole issue for decision is whether under section 2010(c)1 the decedent’s unified credit should be reduced because decedent consented under section 2513 to use part of his section 2521 specific exemption for a gift made by his wife between September 8, 1976, and January 1,1977.
This case was fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts and attached exhibits are incorporated herein by reference.
Petitioner’s mailing address when…
2Cases cited4 opinions
- Renick v. United StatesUnited States Court of Claims · 1982
- Rachel H. Ingalls v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1964
- Ingalls v. CommissionerUnited States Tax Court · 1963
- Norair v. CommissionerUnited States Tax Court · 1976
3Cited by2 opinions
- United States v. HemmeSupreme Court of the United States · 1986
- Estate of Gawne v. CommissionerUnited States Tax Court · 1983