Estate of Allen v. Commissioner
United States Tax Court
Decedent's will established two shares of the residue, one which qualified for the marital deduction under sec. 2056, I.R.C. (the marital share) and one which did not so qualify (the nonmarital share). The will evinced a clear intention by the decedent that the marital deduction be maximized. Oklahoma law required that administration expenses be charged to income, and they were so charged by the executors.
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Decedent's will established two shares of the residue, one which qualified for the marital deduction under sec. 2056, I.R.C. (the marital share) and one which did not so qualify (the nonmarital share). The will evinced a clear intention by the decedent that the marital deduction be maximized. Oklahoma law required that administration expenses be charged to income, and they were so charged by the executors. The income of the nonmarital share was more than sufficient to cover the aggregate amount of those expenses. Held, the marital trust should not be reduced by the amount of the…
1Opinion of the Court
OPINION
Tannenwald, Judge:
Respondent determined a deficiency of $30,157.30 in the estate tax of petitioner. After concessions by the parties, the sole issue for decision is whether administration expenses should reduce the amount of the marital deduction under section 2056.1
All of the facts have been stipulated and are so found.
Petitioner is the Estate of Frances Blow Allen, who is hereinafter referred to as decedent. Decedent died testate on March 12, 1987, a resident of Tulsa, Oklahoma. Bank of Oklahoma, N.A., and R. Robert Huff were appointed co-executors by letters testamentary issued…
2Cases cited12 opinions
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Long v. CommissionerUnited States Tax Court · 1978
- Roney v. CommissionerUnited States Tax Court · 1960
- Estate of Richardson v. CommissionerUnited States Tax Court · 1987
- Estate of Haskell v. CommissionerUnited States Tax Court · 1972
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Monroe v. CommissionerUnited States Tax Court · 1995
- In re the Estate of TubbsCourt of Appeals of Kansas · 1995
- Estate of Allen v. CommissionerUnited States Tax Court · 1993
- Estate of Monroe v. CommissionerUnited States Tax Court · 1995
- Estate of Sobota v. CommissionerUnited States Tax Court · 1996
1 more not listed; retrieve them via the Exa API.