Estate of Horne v. Commissioner
United States Tax Court
Decedent's will is governed by South Carolina law. In her will, decedent bequeathed the residue of her estate to a qualified charitable foundation. Clause I of the will provided that administration expenses be paid as soon as practicable after her death, but did not specify the source from which pre-residue expenses must be met.
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Decedent's will is governed by South Carolina law. In her will, decedent bequeathed the residue of her estate to a qualified charitable foundation. Clause I of the will provided that administration expenses be paid as soon as practicable after her death, but did not specify the source from which pre-residue expenses must be met. Executor's commissions were paid from income earned by the estate during its administration (post-mortem income). By election, the commissions were deducted on the estate's income tax returns. On the estate tax return, the charitable deduction claimed for decedent's…
1Opinion of the Court
PARKER, Judge:
Respondent determined a deficiency of $19,075 in the Federal estate tax of the Estate of Amelia S. Horne, who died in 1981. The sole issue for decision is whether the charitable bequest deduction claimed by the Estate of Amelia S. Horne must be reduced by the amount of the executor’s commissions that were paid out of post-mortem income and deducted on the estate’s income tax returns. That requires a determination under the will and South Carolina law of what constitutes the residuary estate for which the charitable deduction is allowable.
FINDINGS OF FACT
This case was submitted…
2Cases cited14 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Harrison v. Northern Trust Co.Supreme Court of the United States · 1943
- Estate of Edward H. Luehrmann, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Third Circuit · 1998
- James W. Burke, as Personal Representative of the Estate of Edna Sproull Williams, Deceased v. The United StatesCourt of Appeals for the Federal Circuit · 1993
- Estate of Warren v. CommissionerUnited States Tax Court · 1989
- Estate of Allen v. CommissionerUnited States Tax Court · 1993
- Estate of Proctor v. CommissionerUnited States Tax Court · 1994
9 more not listed; retrieve them via the Exa API.