Estate of Belmont v. Commissioner
United States Tax Court
Decedent's (D) will directed that the residue of her estate, which included income in respect of a decedent, be left to charity. The estate (E) took a charitable contribution deduction pursuant to I.R.C. sec. 642(c)(2) on its Federal income tax return, claiming that it had permanently set aside an amount of its gross income for charity. At the time of her death, D owned a condominium in which her brother (B) resided.
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Decedent's (D) will directed that the residue of her estate, which included income in respect of a decedent, be left to charity. The estate (E) took a charitable contribution deduction pursuant to I.R.C. sec. 642(c)(2) on its Federal income tax return, claiming that it had permanently set aside an amount of its gross income for charity. At the time of her death, D owned a condominium in which her brother (B) resided. During the protracted administration of the estate, B took a variety of legal actions and asserted a life tenancy interest in the condominium. B was subsequently awarded a life…
1Opinion of the Court
Ruwe, Judge:
Respondent issued a notice of deficiency to the Estate of Eileen Belmont (estate) determining a $75,662 deficiency in the estate’s Federal income tax for the taxable period ending March 31, 2008. The issue for decision is whether the estate is entitled to a $219,580 charitable contribution deduction for purposes of computing its income tax for the taxable period ending March 31, 2008.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference.
Eileen S. Belmont (decedent)…
2Cases cited10 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
- Goodell v. KochSupreme Court of the United States · 1930
- United States v. Bertha DeanCourt of Appeals for the First Circuit · 1955
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Estate of Dimarco v. Comm'rUnited States Tax Court · 2015