Legal Opinion

Estate of Allen v. Commissioner

United States Tax Court

Decided October 20, 1993No. Docket No. 309-91Published

Decedent's will established two shares of the residue, one which qualified for the marital deduction under sec. 2056, I.R.C. (the marital share) and one which did not so qualify (the nonmarital share). The will evinced a clear intention by the decedent that the marital deduction be maximized. Oklahoma law required that administration expenses be charged to income, and they were so charged by the executors.

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Decedent's will established two shares of the residue, one which qualified for the marital deduction under sec. 2056, I.R.C. (the marital share) and one which did not so qualify (the nonmarital share). The will evinced a clear intention by the decedent that the marital deduction be maximized. Oklahoma law required that administration expenses be charged to income, and they were so charged by the executors. The income of the nonmarital share was more than sufficient to cover the aggregate amount of those expenses. Held, the marital trust should not be reduced by the amount of the…

1Opinion of the Court

Estate of Frances Blow Allen, Deceased, Bank of Oklahoma, N.A. and R. Robert Huff, Co-Executors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Allen v. Commissioner

Docket No. 309-91

United States Tax Court

101 T.C. 351; 1993 U.S. Tax Ct. LEXIS 64; 101 T.C. No. 23;

October 20, 1993, Filed

Decision will be entered under Rule 155.

Decedent's will established two shares of the residue, one which qualified for the marital deduction under sec. 2056, I.R.C. (the marital share) and one which did not so qualify (the nonmarital share). The will evinced a clear intention by the decedent…

2Cases cited13 opinions

  1. Estate of Hubert v. CommissionerUnited States Tax Court · 1993
  2. Long v. CommissionerUnited States Tax Court · 1978
  3. Roney v. CommissionerUnited States Tax Court · 1960
  4. Estate of Richardson v. CommissionerUnited States Tax Court · 1987
  5. Estate of Haskell v. CommissionerUnited States Tax Court · 1972

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