Estate of Avery v. Commissioner
United States Tax Court
1. The decedent's will left the residue of his estate to the widow, son, and daughter in equal shares and directed that estate and inheritance taxes be paid out of the general assets and not be charged against or deducted from any bequest. Held, in computing the marital deduction the value of the widow's share of the residue is to be computed after deduction of such taxes. 2. A widow's allowance of $ 12,000 was authorized by the probate court and paid in a lump sum.
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1. The decedent's will left the residue of his estate to the widow, son, and daughter in equal shares and directed that estate and inheritance taxes be paid out of the general assets and not be charged against or deducted from any bequest. Held, in computing the marital deduction the value of the widow's share of the residue is to be computed after deduction of such taxes. 2. A widow's allowance of $ 12,000 was authorized by the probate court and paid in a lump sum. There were no minor children. Held, under Missouri law the widow's allowance was not a terminable interest. 3. The decedent…
1Opinion of the Court
Estate of Oliver B. Avery, Deceased, Mary Helen Avery Brennan (Formerly Mary Helen Avery), and Oliver B. Avery, Jr., Coexecutors, Petitioner, v. Commissioner of Internal Revenue, Respondent
Estate of Avery v. Commissioner
Docket No. 91493
United States Tax Court
40 T.C. 392; 1963 U.S. Tax Ct. LEXIS 116;
May 22, 1963, Filed
Decision will be entered under Rule 50.
1. The decedent's will left the residue of his estate to the widow, son, and daughter in equal shares and directed that estate and inheritance taxes be paid out of the general assets and not be charged against or deducted from any bequest.…
2Cases cited29 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Harrison v. Northern Trust Co.Supreme Court of the United States · 1943
- Interstate Commerce Commission v. Central Vermont Railway, Inc.Supreme Court of the United States · 1961
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Pipe v. CommissionerUnited States Tax Court · 1954
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