Estate of Rosenberg v. Commissioner
United States Tax Court
1. Decedent participated in a retirement plan of his employer pursuant to which he had an option, among others, to provide for a combination of retirement income for himself and death benefits for any designated survivor or survivors. At his retirement in 1974, the decedent set aside certain lump sums to be paid to specified beneficiaries at his death, thus reducing the amount of his pension actuarially computed.
Read the full summary
1. Decedent participated in a retirement plan of his employer pursuant to which he had an option, among others, to provide for a combination of retirement income for himself and death benefits for any designated survivor or survivors. At his retirement in 1974, the decedent set aside certain lump sums to be paid to specified beneficiaries at his death, thus reducing the amount of his pension actuarially computed. He died in 1980. One such lump sum ($ 25,000) was thus paid to his son, Peter. The son reported that amount as capital gain in his own income tax return, as permitted by sec.…
1Opinion of the Court
OPINION
RAUM, Judge:
The Commissioner determined a $19,724 estate tax deficiency in respect of the Estate of Frederick Rosenberg, who died in 1980. After concessions, two issues remain in dispute: first, whether a $25,000 payment to decedent’s son Peter pursuant to a retirement plan covering the decedent is includable in the decedent’s gross estate under section 2039, I.R.C. 1954; and second, whether the first $3,000 of gifts by the decedent to Peter in each of the years 1978 and 1979 are includable in decedent’s gross estate under section 2035. The case was submitted on the basis of a…
2Cases cited79 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
74 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- De Marco v. CommissionerUnited States Tax Court · 1986
- Fowler v. CommissionerUnited States Tax Court · 1992
- Estate of Armstrong v. Comm'rUnited States Tax Court · 2002
- Baicker v. CommissionerUnited States Tax Court · 1989
- Clark v. Comm'rUnited States Tax Court · 1993
15 more not listed; retrieve them via the Exa API.