Legal Opinion

Estate of Horne v. Commissioner

United States Tax Court

Decided July 25, 1988No. Docket No. 28700-85Published

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

Estate of Amelia S. Horne, Deceased, Andrew Berry, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Horne v. Commissioner

Docket No. 28700-85

United States Tax Court

91 T.C. 100; 1988 U.S. Tax Ct. LEXIS 94; 91 T.C. No. 12;

July 25, 1988. July 25, 1988, Filed

Decision will be entered under Rule 155.

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…

2Cases cited15 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Interstate Transit Lines v. CommissionerSupreme Court of the United States · 1943
  3. Riggs v. Del DragoSupreme Court of the United States · 1942
  4. Harrison v. Northern Trust Co.Supreme Court of the United States · 1943
  5. Estate of Edward H. Luehrmann, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961

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