Estate of Greenberg v. Commissioner
United States Tax Court
Held, where an estate and an unrelated creditor of the decedent are in litigation over the enforceability of a debt which was valid at the time of the decedent's death and where a settlement is reached to which all beneficiaries with adverse interests and the Probate Court agree and where the claim is paid and allowed for State inheritance tax purposes and the final estate accounting, this Court will determine allowability of the claim under State law on the basis that all…
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Held, where an estate and an unrelated creditor of the decedent are in litigation over the enforceability of a debt which was valid at the time of the decedent's death and where a settlement is reached to which all beneficiaries with adverse interests and the Probate Court agree and where the claim is paid and allowed for State inheritance tax purposes and the final estate accounting, this Court will determine allowability of the claim under State law on the basis that all of the creditors' allegations in the State court suit are true. Held, further, under these facts, doubts as to the…
1Opinion of the Court
Forrester, Judge:
Respondent has determined a deficiency of $161,820 in the Federal estate tax of petitioner. The sole issue for decision is whether certain debts owed by the decedent at his death are deductible as claims against the estate pursuant to section 2053(a)(3).1
FINDINGS OF FACT
Most of the facts have been stipulated and are so found.
Decedent Mayer C. Greenberg died on August 15, 1974. Probate proceedings were initiated in the Probate Division of the Superior Court of California for Los Angeles County (hereinafter the Probate Court) on August 22, 1974. The decedent’s son, Daniel B.…
2Cases cited10 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Knoll v. DavidsonCalifornia Supreme Court · 1974
- Estate of Hagmann v. CommissionerUnited States Tax Court · 1973
- Nathanson v. Superior CourtCalifornia Supreme Court · 1974
- Estate of Mary Redding Shedd, First National Bank of Arizona, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Van Horne v. CommissionerUnited States Tax Court · 1982
- Estate of Belcher v. CommissionerUnited States Tax Court · 1984
- Estate of Belcher v. CommissionerUnited States Tax Court · 1984
- Estate of Greenberg v. CommissionerUnited States Tax Court · 1981
- Estate of Van Horne v. CommissionerUnited States Tax Court · 1982