Legal Opinion

Estate of Levitt v. Commissioner

United States Tax Court

Decided September 13, 1990No. Docket No. 28680-88Published

On June 12, 1975, D executed a trust agreement and made an inter vivos transfer of certain property to the trust. On Mar. 6, 1978, D amended the trust agreement in its entirety. The amended trust agreement contains a formula which refers to the maximum marital deduction. D died intestate on May 13, 1985. Held, the formula in the trust is not the type of "formula" contemplated by sec. 403(e)(3), Economic Recovery Tax Act of 1981, Pub.

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On June 12, 1975, D executed a trust agreement and made an inter vivos transfer of certain property to the trust. On Mar. 6, 1978, D amended the trust agreement in its entirety. The amended trust agreement contains a formula which refers to the maximum marital deduction. D died intestate on May 13, 1985. Held, the formula in the trust is not the type of "formula" contemplated by sec. 403(e)(3), Economic Recovery Tax Act of 1981, Pub. L. 97-34, 95 Stat. 305 (sec. 403(e)(3)). Held, further: Sec. 403(e)(3) does not preclude P from qualifying for an unlimited marital deduction under I.R.C. sec.…

1Opinion of the Court

Estate of Samuel I. Levitt, Deceased, Helen S. Levitt, Administrator, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Levitt v. Commissioner

Docket No. 28680-88

United States Tax Court

95 T.C. 289; 1990 U.S. Tax Ct. LEXIS 87; 95 T.C. No. 22;

September 13, 1990, Filed

Decision will be entered under Rule 155.

On June 12, 1975, D executed a trust agreement and made an inter vivos transfer of certain property to the trust. On Mar. 6, 1978, D amended the trust agreement in its entirety. The amended trust agreement contains a formula which refers to the maximum marital deduction. D…

Also in this document: Concurrence · Chabot; Concurrence · Wells; Dissent.

2Cases cited24 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
  3. Commissioner v. KowalskiSupreme Court of the United States · 1977
  4. Ridder v. CommissionerUnited States Tax Court · 1981
  5. Laurence M. And Phyllis W. Carlson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1983

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