Estate of Tompkins v. Commissioner
United States Tax Court
Decedent's will gave his surviving spouse a life estate in a trust; in a codicil he provided that in lieu of the trust interest she could take $ 40,000 outright in which event the trust provision was to be null and void. To obtain the $ 40,000, the spouse had to file a written election with the executor of the decedent's estate "within sixty days after his qualification as * * * executor."
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Decedent's will gave his surviving spouse a life estate in a trust; in a codicil he provided that in lieu of the trust interest she could take $ 40,000 outright in which event the trust provision was to be null and void. To obtain the $ 40,000, the spouse had to file a written election with the executor of the decedent's estate "within sixty days after his qualification as * * * executor." The spouse made a timely election, and the estate deducted the $ 40,000 paid to the spouse. Held, the surviving spouse received the $ 40,000 pursuant to a testamentary right of election, not a power of…
1Opinion of the Court
OPINION
Tietjens, Judge:
Respondent determined a deficiency of $11,663.89 in decedent’s estate tax. Petitioner concedes that the Estate of Charles Ray Tompkins is not entitled to a real estate tax deduction of $492. The only issue remaining is whether the estate is entitled to a marital deduction under section 2056 with respect to certain property received by decedent’s surviving spouse under the terms of his will.
This case was fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts and attached exhibits are incorporated herein by reference.
Peti…
2Cases cited18 opinions
- Jackson v. United StatesSupreme Court of the United States · 1964
- Dorothy Jane Dougherty and Louis F. Baldwin, Executors of the Estate of Allen P. Jackson v. United StatesCourt of Appeals for the Sixth Circuit · 1961
- Elizabeth Joan Allen and Alice Edna Stuhmer, Individually and as Executrices of the Estate of Chester A. Allen, Deceased v. United StatesCourt of Appeals for the Second Circuit · 1966
- Estate of Rensenhouse v. CommissionerUnited States Tax Court · 1959
- United States v. Traders National Bank of Kansas City, of the Estate of James Oliver Miller, DeceasedCourt of Appeals for the Eighth Circuit · 1957
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of Clayton v. CommissionerUnited States Tax Court · 1991
- Estate of Clack v. CommissionerUnited States Tax Court · 1996
- Estate of Edmonds v. CommissionerUnited States Tax Court · 1979
- Estate of Clack v. CommissionerUnited States Tax Court · 1996
- Estate of Clayton v. CommissionerUnited States Tax Court · 1991
4 more not listed; retrieve them via the Exa API.