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
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
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Jackson v. United StatesSupreme Court of the United States · 1964
- First-Mechanics Nat. Bank v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1940
- Estate of Hamilton H. Peyton, Deceased, John L. Peyton, and Olive Peyton v. Commissioner or Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
- Hamilton National Bank of Knoxville, of the Estate of John Edd Bradley v. United StatesCourt of Appeals for the Sixth Circuit · 1965
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3Cited by14 opinions
- Aerojet-General Corp. v. AskewCourt of Appeals for the Fifth Circuit · 1975
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- Aerojet-General Corporation v. AskewCourt of Appeals for the Fifth Circuit · 1975
- Estate of Watson v. CommissionerUnited States Tax Court · 1990
- Estate of Radel v. CommissionerUnited States Tax Court · 1987
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