Estate of Fenton v. Commissioner
United States Tax Court
Decedent (D) and his wife (W) entered into a separation agreement on January 7, 1960, under which D agreed that at death he would devise and bequeath a specified portion of his estate into trust with the income therefrom payable to W for life. He also agreed to maintain certain life insurance policies with the wife as beneficiary.
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Decedent (D) and his wife (W) entered into a separation agreement on January 7, 1960, under which D agreed that at death he would devise and bequeath a specified portion of his estate into trust with the income therefrom payable to W for life. He also agreed to maintain certain life insurance policies with the wife as beneficiary. On Apr. 14, 1960, D and W obtained a divorce decree from a Chihuahua, Mexico, court and such decree incorporated by reference their separation agreement. Held, W's claims against D's estate for life insurance proceeds and a life estate in a testamentary trust are…
1Opinion of the Court
Forrester, Judge:
Respondent has determined a deficiency in petitioner’s Federal estate tax in the amount of $43,302.64. The sole issue for our decision is whether sections 2053(c)(1)(A)1 and 2043(b) apply to limit petitioner’s claimed deduction under section 2053(a)(3) for decedent’s former wife’s claims against his estate.
FINDINGS OF FACT
All of the facts have been fully stipulated and are so found. Those necessary to an understanding of the case are as follows:
Robert G. Fenton (hereinafter Robert) died on December 2, 1971, a resident of Nassau County, N. Y. Manufacturers Hanover Trust Co. is…
2Cases cited12 opinions
- Harris v. CommissionerSupreme Court of the United States · 1950
- Commissioner of Internal Revenue v. MaresiCourt of Appeals for the Second Circuit · 1946
- McMurtry v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1953
- Commissioner of Internal Revenue v. Estate of Myles C. Watson, Garden City Bank & Trust CompanyCourt of Appeals for the Second Circuit · 1954
- In Re Estate of Harold Hartshorne, Deceased. Harold Hartshorne, Jr., and James M. Hartshorne, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1968
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Estate of Scholl v. CommissionerUnited States Tax Court · 1987
- Estate of Joseph P. Kosow, Deceased. Eleanor C. Kosow, Personal Representative v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1995
- Estate of Satz v. CommissionerUnited States Tax Court · 1982
- Daniel S. Natchez and Peter Natchez, Executors of the Estate of Benjamin H. Natchez v. United StatesCourt of Appeals for the Second Circuit · 1983
- Estate of Fenton v. CommissionerUnited States Tax Court · 1978
3 more not listed; retrieve them via the Exa API.