Legal Opinion

Estate of Rudnick v. Commissioner

United States Tax Court

Decided September 15, 1961No. Docket No. 83247Published

Held, terminable interest rule applies to widow's allowance generally and specifically in Massachusetts. Held, further, that widow's allowance under Mass. Gen. Laws, ch. 196, sec. 2 (1932), does not constitute a terminable interest under section 2056(b) and the amount thereof is deductible as a marital deduction under section 2056(a), I.R.C. 1954.

1Opinion of the Court

Estate of Michael G. Rudnick, Charlotte R. Hirshberg, Administratrix, Petitioner, v. Commissioner of Internal Revenue, Respondent

Estate of Rudnick v. Commissioner

Docket No. 83247

United States Tax Court

36 T.C. 1021; 1961 U.S. Tax Ct. LEXIS 74;

September 15, 1961, Filed

Decision will be entered under Rule 50.

Held, terminable interest rule applies to widow's allowance generally and specifically in Massachusetts. Held, further, that widow's allowance under Mass. Gen. Laws, ch. 196, sec. 2 (1932), does not constitute a terminable interest under section 2056(b) and the amount thereof is deductible as…

2Cases cited21 opinions

  1. United States v. RyersonSupreme Court of the United States · 1941
  2. Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  3. Pipe v. CommissionerUnited States Tax Court · 1954
  4. Estate of Edward A. Cunha, Deceased, Bank of America, National Trust and Savings Association v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
  5. Estate of Rensenhouse v. CommissionerUnited States Tax Court · 1959

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