Kenny v. Commissioner
United States Tax Court
Decedent bequeathed the residue of her estate to a corporate trustee, directing that the income be paid to her husband for life and the corpus thereafter be distributed to 10 charities. She authorized the trustee to make payments to her husband out of corpus if required for his comfort and support. At the time of decedent's death the husband was over 83 years of age.
Read the full summary
Decedent bequeathed the residue of her estate to a corporate trustee, directing that the income be paid to her husband for life and the corpus thereafter be distributed to 10 charities. She authorized the trustee to make payments to her husband out of corpus if required for his comfort and support. At the time of decedent's death the husband was over 83 years of age. His habitual living expenses exceeded the income of the testamentary trust, but were substantially less than his combined income from this source, an inter vivos trust, also created by decedent for his support, and his separate…
1Opinion of the Court
OPINION.
Johnson, Judge:
For the computation of estate tax, section 812 (d) of the Internal Revenue Code permits the deduction from gross estate of the amount of all bequests to charities, as therein defined, and the parties are agreed that the 10 designated remainder beneficiaries are charities within the statutory definition. But respondent disallowed the deduction claimed on account of the bequests to these charities, and he defends that determination on the ground that no reasonably accurate computation of the value or amount could be made at the time of decedent’s death, since the trustee…
2Cases cited11 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Jennings v. CommissionerUnited States Tax Court · 1948
- Jack v. CommissionerUnited States Tax Court · 1946
- Cutler v. CommissionerUnited States Tax Court · 1945
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lincoln Rochester Trust Co v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Jones v. CommissionerUnited States Tax Court · 1957
- Noble v. CommissionerUnited States Tax Court · 1959
- Estate of Schmitt v. CommissionerUnited States Tax Court · 1955
- Robertson v. CommissionerUnited States Tax Court · 1956
7 more not listed; retrieve them via the Exa API.