Legal Opinion

In Re Estate of Joseph F. Abely, Deceased. William F. Abeley, Co-Executor v. Commissioner of Internal Revenue

Court of Appeals for the First Circuit

Decided January 17, 1974No. 73-1332PublishedCited by 14 opinions

1Opinion of the Court

ALDRICH, Senior Circuit Judge.

Joseph F. Abely died domiciled in Massachusetts in March 1969, leaving a gross estate of $365,114. He was survived by a widow and three sons. The legacies to the widow were substantially less than what would have been allowed as a marital deduction for federal estate tax purposes. Internal Revenue Code of 1954, § 2056. A year and a half later the widow petitioned the probate court for a widow’s allowance, Mass.G.L. c. 196, § 2, and in February 1971 a decree was entered awarding her $50,000. No appeal was taken, and the payment was made. The Commissioner refused…

2Cases cited9 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Jackson v. United StatesSupreme Court of the United States · 1964
  3. First-Mechanics Nat. Bank v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1940
  4. Estate of Hamilton H. Peyton, Deceased, John L. Peyton, and Olive Peyton v. Commissioner or Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
  5. Hamilton National Bank of Knoxville, of the Estate of John Edd Bradley v. United StatesCourt of Appeals for the Sixth Circuit · 1965

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

3Cited by14 opinions

  1. Aerojet-General Corp. v. AskewCourt of Appeals for the Fifth Circuit · 1975
  2. Estate of Tompkins v. CommissionerUnited States Tax Court · 1977
  3. Aerojet-General Corporation v. AskewCourt of Appeals for the Fifth Circuit · 1975
  4. Estate of Watson v. CommissionerUnited States Tax Court · 1990
  5. Estate of Radel v. CommissionerUnited States Tax Court · 1987

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API