Horton v. Commissioner
United States Tax Court
Held, under New York law, the language "should [my wife] die before said residuary estate shall have been distributed to her, then * * * I give, devise and bequeath said residuary estate, * * * to our two sons," as it affected realty, created a "terminable interest" which was nondeductible under sec. 2056, I.R.C. 1954.
1Opinion of the Court
FORRESTER, Judge:
The respondent determined a deficiency in estate tax in the amount of $29,844.54 in respect of the Estate of S. Wentworth Horton. The sole question for our determination is whether the surviving spouse’s interest in real property that passed under Horton’s will qualifies for the marital deduction under section 2056.1
FINDINGS OF FACT
All of the facts have been stipulated.
S. Wentworth Horton, hereinafter referred to as the decedent, died on October 2,1960,12 days before his 75th birthday, a resident of the State of New York.
On October 9,1960, Gertrude I. Warner was appointed…
2Cases cited29 opinions
- Jackson v. United StatesSupreme Court of the United States · 1964
- Blood v. . KaneNew York Court of Appeals · 1892
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Waxson Realty Corp. v. RothschildNew York Court of Appeals · 1931
24 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Estate of Fried v. CommissionerUnited States Tax Court · 1970
- Estate of S. Wentworth Horton, by Gertrude I. Warner, on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1967
- Estate of Tilyou v. CommissionerUnited States Tax Court · 1971
- Estate of Bond v. CommissionerUnited States Tax Court · 1995
- Estate of Bond v. CommissionerUnited States Tax Court · 1995
3 more not listed; retrieve them via the Exa API.