Davenport v. Commissioner
United States Tax Court
Estate Tax -- Marital Deduction -- Power of Appointment Surrendered in Will Contest -- Separate Foreign Will -- Regs. Sec. 20.2056(e)-2(d)(1). -- The decedent, by his uncontested American will, gave a life estate in a trust to his widow with power of appointment. His three adult daughters contested probate of his separate French will leaving to his widow real estate in which the three daughters had a vested three-fourths interest under French law.
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Estate Tax -- Marital Deduction -- Power of Appointment Surrendered in Will Contest -- Separate Foreign Will -- Regs. Sec. 20.2056(e)-2(d)(1). -- The decedent, by his uncontested American will, gave a life estate in a trust to his widow with power of appointment. His three adult daughters contested probate of his separate French will leaving to his widow real estate in which the three daughters had a vested three-fourths interest under French law. The widow surrendered her power of appointment in exchange for consent by daughters to probate of French will. Held, the trust under the American…
1Opinion of the Court
opinion-.
Murdock, Judge:
The contention of the Commissioner is that:
Where the widow released the testamentary power of appointment of the trust under the American Will in settlement of a controversy involving a bequest under the French Will, the interest so released did not pass to her from the decedent within the purview of the Internal Revenue Code and the Regulations thereunder so as to qualify the bequest in trust for the marital deduction.
Section 2056 (a) of the Internal Revenue Code of 1954 is as follows:
SEO. 2056. BEQUESTS, ETC., TO SURVIVING SPOUSE.(a) Allowance of Makital Deduction. —…
2Cases cited1 opinion
- Tebb v. CommissionerUnited States Tax Court · 1957
3Cited by8 opinions
- United States Trust Company of New York, Estate of Ralph Slocum Davenport, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1963
- Estate of Frost v. CommissionerUnited States Tax Court · 1993
- McGauley v. CommissionerCourt of Appeals for the Second Circuit · 1974
- Estate of McGauley v. CommissionerUnited States Tax Court · 1973
- Natkanski v. CommissionerUnited States Tax Court · 1992
3 more not listed; retrieve them via the Exa API.