Legal Opinion

Estate of Edwards v. Commissioner

United States Tax Court

Decided May 18, 1972No. Docket No. 5102-70PublishedCited by 4 opinions

Decedent bequeathed to his wife the unrestricted right to use any part of the whole of the residuary estate during her lifetime and upon her death any portion not used or disposed of by her would go to his son and his son's heirs.

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Decedent bequeathed to his wife the unrestricted right to use any part of the whole of the residuary estate during her lifetime and upon her death any portion not used or disposed of by her would go to his son and his son's heirs. Held, applying New Jersey law to the language of the will, the surviving widow did not receive a fee simple interest in the residue but she did, however, receive a life estate together with a power of appointment exercisable by her in all events within the meaning of sec. 2056(b)(5) so that the interest passing to her is not a terminable interest as defined by sec.…

1Opinion of the Court

OPINION

Goffe, Judge:

The respondent determined a deficiency of $10,212.32 in the Federal -estate tax against the Estate of Walter L. Edwards, deceased. Petitioner is executor of the estate. ' . ■

The sole issue is whether the interest in property passing to: decedent’s widow under his last will and testament qualifies for the marital deduction or constitutes a terminable interest under section 2056(b) of the Code.1

All of the facts in this case have been stipulated. The stipulation of facts and exhibits attached are incorporated herein and adopted-as our findings of fact.

Walter L. Edwards…

2Cases cited7 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Burlington County Trust Co. v. Di CastelcicalaSupreme Court of New Jersey · 1949
  3. Trafton v. BainbridgeSupreme Court of New Jersey · 1939
  4. Evilsizor v. CommissionerUnited States Tax Court · 1957
  5. BURLINGTON COUNTY NAT. BANK, MEDFORD v. BraddockNew Jersey Superior Court Appellate Division · 1953

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Estate of Holland v. CommissionerUnited States Tax Court · 1975
  2. Estate of Edwards v. CommissionerUnited States Tax Court · 1972
  3. Estate of Holland v. CommissionerUnited States Tax Court · 1975
  4. Estate of Prox v. CommissionerUnited States Tax Court · 1976

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