Legal Opinion

ESTATE OF HUNTINGTON v. COMMISSIONER

United States Tax Court

Decided April 6, 1993No. Docket No. 6007-91PublishedCited by 1 opinion

Decedent's estate paid $ 425,000 to decedent's stepsons in settlement of a lawsuit brought by the stepsons to enforce the terms of an alleged agreement decedent and her husband had made to execute reciprocal wills.

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Decedent's estate paid $ 425,000 to decedent's stepsons in settlement of a lawsuit brought by the stepsons to enforce the terms of an alleged agreement decedent and her husband had made to execute reciprocal wills. Held, decedent's estate may not deduct as a claim against the estate under sec. 2053(a)(3) the $ 425,000 paid to decedent's stepsons because the stepsons' underlying claim was not supported by consideration and because the amount paid with regard to this claim constituted a payment in the nature of the stepsons' inheritance.

1Opinion of the Court

ESTATE OF ELIZABETH G. HUNTINGTON, DECEASED, NANCY H. BRUNSON, ADMINISTRATRIX, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

ESTATE OF HUNTINGTON v. COMMISSIONER

Docket No. 6007-91

United States Tax Court

100 T.C. 19; 1993 U.S. Tax Ct. LEXIS 19; 100 T.C. No. 19;

April 6, 1993, Filed

Decision will be entered under Rule 155.

Decedent's estate paid $ 425,000 to decedent's stepsons in settlement of a lawsuit brought by the stepsons to enforce the terms of an alleged agreement decedent and her husband had made to execute reciprocal wills.

Held, decedent's estate may not deduct as a claim…

2Cases cited10 opinions

  1. United States v. StapfSupreme Court of the United States · 1964
  2. Bank of New York v. United StatesCourt of Appeals for the Third Circuit · 1975
  3. Sanford D. Beecher and William White, Jr., Executors of the Estate of John Richard Geary v. United StatesCourt of Appeals for the Third Circuit · 1960
  4. In Re Estate of Harold Hartshorne, Deceased. Harold Hartshorne, Jr., and James M. Hartshorne, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1968
  5. Estate v. Woody v. CommissionerUnited States Tax Court · 1961

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Estate of Bates v. Comm'rUnited States Tax Court · 2012

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