Estate of Reis v. Commissioner
United States Tax Court
In 1970, Mark Rothko, a well-known American painter, died. The bulk of his estate (including many of his original paintings) was bequeathed to the Mark Rothko Foundation. Shortly after Rothko's death, the decedent Bernard J. Reis and the other executors of the Mark Rothko estate entered into contracts on behalf of the estate for the sale of the paintings through the Marlborough Gallery, Inc., or one of its affiliated companies.
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In 1970, Mark Rothko, a well-known American painter, died. The bulk of his estate (including many of his original paintings) was bequeathed to the Mark Rothko Foundation. Shortly after Rothko's death, the decedent Bernard J. Reis and the other executors of the Mark Rothko estate entered into contracts on behalf of the estate for the sale of the paintings through the Marlborough Gallery, Inc., or one of its affiliated companies. Individual executors of the Mark Rothko estate (including decedent Bernard J. Reis) also were directors of the Mark Rothko Foundation and were employees of the…
1Opinion of the Court
OPINION
SWIFT, Judge:
This matter is before the Court on cross-motions for summary judgment. Each party alleges that if its or his respective motion for summary judgment is denied, factual issues will remain which preclude entry of summary judgment in favor of the other party. The excise tax and additions to tax in dispute herein exceed $21 million.
The issues in this case arise out of the widely publicized and much litigated Estate of Mark Rothko (hereinafter sometimes referred to as the estate). Mark Rothko was a well-known American abstract expressionist painter who died in 1970. Bernard J.…
2Cases cited36 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Montana v. United StatesSupreme Court of the United States · 1979
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- Espinoza v. CommissionerUnited States Tax Court · 1982
- In re the Estate of RothkoNew York Court of Appeals · 1977
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3Cited by24 opinions
- Petzoldt v. CommissionerUnited States Tax Court · 1989
- Stamos v. CommissionerUnited States Tax Court · 1986
- Federal Home Loan Bank v. Banc of America Securities LLCDistrict Court, C.D. California · 2011
- Moore v. CommissionerUnited States Tax Court · 1989
- Richardson v. Comm'rUnited States Tax Court · 2006
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