Estate of Racca v. Commissioner
United States Tax Court
Decedent's will contained a provision that in circumstances where "it is difficult, impossible or impractical to determine who died first, * * * it shall be presumed that my wife predeceased me." Held: As to one-half the value of the jointly held property, the local law of New York supplies a presumption that decedent was survived by his spouse notwithstanding the provision in decedent's will.
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Decedent's will contained a provision that in circumstances where "it is difficult, impossible or impractical to determine who died first, * * * it shall be presumed that my wife predeceased me." Held: As to one-half the value of the jointly held property, the local law of New York supplies a presumption that decedent was survived by his spouse notwithstanding the provision in decedent's will. Accordingly, the survivorship requirement of sec. 20.2056(a)-1(b)(1), Estate Tax Regs., is satisfied, and decedent's estate is entitled to a marital deduction under sec. 2056, I.R.C. 1954, for one-half…
1Opinion of the Court
OPINION
Ekman, Judge-.*
Respondent determined a deficiency of $28,993.39 in petitioner’s Federal estate tax. Concessions having been made by the parties, the sole issue remaining for decision is whether decedent’s gross estate is entitled to a marital deduction of $60,565.
All of the facts have been stipulated and are so found. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference. The pertinent facts are summarized below.
George R. Funaro (hereinafter petitioner) is the duly qualified and acting executor of the Estate of Luigi Racca, deceased.…
2Cases cited12 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Burnet v. HarmelSupreme Court of the United States · 1932
- M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
- Smith v. SmithMassachusetts Supreme Judicial Court · 1972
- Allen v. HenggelerCourt of Appeals for the Eighth Circuit · 1929
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3Cited by1 opinion
- Estate of Racca v. CommissionerUnited States Tax Court · 1981