Estate of Harper v. Commissioner
United States Tax Court
Surviving spouse elected to take against decedent's will, which contained a residuary clause pouring over assets to a valid inter vivos trust. Held, under local law, surviving spouse's election against the will did not affect her right to receive income as a beneficiary of the separate and independent trust.
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Surviving spouse elected to take against decedent's will, which contained a residuary clause pouring over assets to a valid inter vivos trust. Held, under local law, surviving spouse's election against the will did not affect her right to receive income as a beneficiary of the separate and independent trust. Held, further, residuary estate bequeathed to the trust "passed from the decedent" to the surviving spouse within the meaning of sec. 2056, I.R.C., and the regulations thereunder and is qualified terminable interest property within the meaning of sec. 2056(b)(7)(B), I.R.C., since all…
1Opinion of the Court
OPINION
TANNENWALD, Judge:
Respondent determined a deficiency of $453,759 in the Federal estate taxes of W.L. Harper (decedent). The sole issue for decision is whether property transferred to an inter vivos trust pursuant to a residuary pour-over provision in decedent’s will is qualified terminable interest property where decedent’s surviving spouse made an election to take against the will.
All of the facts have been stipulated, and the stipulation of facts and the attached exhibits are incorporated herein by reference.
Decedent died testate on November 9, 1983, a resident of Kentucky. He was…
2Cases cited9 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Olmsted v. OlmstedSupreme Court of the United States · 1910
- Ward v. CommissionerUnited States Tax Court · 1986
- Webb v. St. Louis County National BankMissouri Court of Appeals · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Estate of Posner v. Comm'rUnited States Tax Court · 2004
- Estate of Harper v. CommissionerUnited States Tax Court · 1989