Christy v. Commissioner
United States Tax Court
Estate Tax -- Deduction -- Charitable Bequest. -- A residuary bequest to charity is not deductible where the principal of the trust can be used for the comfort and support of the life tenants if the income is not sufficient for that purpose, even though that income with separate income of the life tenants would be sufficient, since under the law of Pennsylvania the trust principal can be exhausted under such circumstances before the life beneficiary need resort to her own…
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Estate Tax -- Deduction -- Charitable Bequest. -- A residuary bequest to charity is not deductible where the principal of the trust can be used for the comfort and support of the life tenants if the income is not sufficient for that purpose, even though that income with separate income of the life tenants would be sufficient, since under the law of Pennsylvania the trust principal can be exhausted under such circumstances before the life beneficiary need resort to her own income.
1Opinion of the Court
OPINION.
Murdock, Judge-.
The Commissioner determined a deficiency of $6,356.88 in estate tax. The only issue for decision is whether the Commissioner erred in failing to allow a deduction of $16,256.14 for a bequest to charity after life estates. The facts have been stipulated.
The decedent died on June 20, 1943, a resident of Pennsylvania. The estate tax return was filed with the collector of internal revenue for the twenty-third district of Pennsylvania.
The decedent created a trust on September 18, 1942. A bank was named trustee. Payments were to be made from the trust to the decedent during…
2Cases cited3 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
- Frederick M. Crane's EstateSupreme Court of Pennsylvania · 1896
3Cited by9 opinions
- Kenny v. CommissionerUnited States Tax Court · 1948
- Estate of O'Brien v. CommissionerUnited States Tax Court · 1971
- Estate of Carlson v. CommissionerUnited States Tax Court · 1953
- Carlson v. CommissionerUnited States Tax Court · 1953
- Carlson v. CommissionerUnited States Tax Court · 1953
4 more not listed; retrieve them via the Exa API.