Noble v. Commissioner
United States Tax Court
Estate Tax -- Marital Deduction -- Life Estate in Surviving Wife With Power to Invade Corpus -- Sec. 812(e)(1)(F), I.R.C. 1939. -- Surviving wife's right to the income of a testamentary trust for her maintenance, support, and comfort was not an unlimited power to invade or appoint the entire corpus to herself, and the estate is held not entitled to the marital deduction under section 812(e)(1)(F).
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined a deficiency of $9,706.53 in estate tax. The only issue for decision is whether the widow’s right under the provision in the decedent’s will allowing her, in her discretion, to use the corpus of his residuary estate for her maintenance, support, and comfort is limited by an ascertainable standard and, therefore, cannot qualify under section 812(e) (1) (F) as an exception to the terminable interest rule of section 812(e) (1) (B) and the residuary estate cannot be included in the marital deduction. The facts have been presented by a stipulation…
2Cases cited19 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Estate of Rogers v. CommissionerSupreme Court of the United States · 1943
- Helvering v. GrinnellSupreme Court of the United States · 1935
- Blodget v. Delaney, CollectorCourt of Appeals for the First Circuit · 1953
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
- May v. CommissionerUnited States Tax Court · 1959
- Comer v. CommissionerUnited States Tax Court · 1959
- Semmes v. CommissionerUnited States Tax Court · 1959
- Benjamin v. CommissionerUnited States Tax Court · 1965
11 more not listed; retrieve them via the Exa API.