Estate of Engelman v. Comm'r
United States Tax Court
In 1990, H and D, husband and wife, established a living trust. The terms of the trust provided for an allocation of trust assets between two separate trusts, Trust A and Trust B, upon the death of the first spouse. Initially, all assets were to be placed in Trust A except to the extent disclaimed by the surviving spouse.
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In 1990, H and D, husband and wife, established a living trust. The terms of the trust provided for an allocation of trust assets between two separate trusts, Trust A and Trust B, upon the death of the first spouse. Initially, all assets were to be placed in Trust A except to the extent disclaimed by the surviving spouse. Disclaimed assets were to be placed in Trust B. The surviving spouse was also granted a power of appointment effective at death over Trust A. H died on Dec. 30, 1997. On Feb. 5, 1998, D executed a document entitled "Power of Appointment" directing disposition of the Trust A…
1Opinion of the Court
OPINION
Wherry, Judge:
Respondent determined a Federal estate tax deficiency of $356,211 for the Estate of Leona Engelman (the estate). After concessions, the issues for decision are:(1) Whether a qualified disclaimer within the meaning of section 2518 was made with respect to trust assets worth approximately $617,317 at the date of death of Leona Engelman (decedent); and(2) whether, to the extent that the foregoing trust assets are included in the gross estate, the estate is entitled to a charitable deduction for certain amounts distributed.
Unless otherwise indicated, all section references…
2Cases cited14 opinions
- Jewett v. CommissionerSupreme Court of the United States · 1982
- United States v. IrvineSupreme Court of the United States · 1994
- McDonald v. CommissionerUnited States Tax Court · 1987
- Continental Illinois National Bank and Trust Company of Chicago v. The United StatesUnited States Court of Claims · 1968
- Nellis v. RickardCalifornia Supreme Court · 1901
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3Cited by6 opinions
- Estate of Christiansen v. Comm'rUnited States Tax Court · 2008
- Estate of Christiansen v. Comm'rUnited States Tax Court · 2008
- Estate of Engelman v. Comm'rUnited States Tax Court · 2003
- Estate of Helen Christiansen, Christine Christiansen Hamilton, Personal Representative v. CommissionerUnited States Tax Court · 2008
- Estate of Howard v. Moore, Virgil L. Moore, and Trustee v. CommissionerUnited States Tax Court · 2020
1 more not listed; retrieve them via the Exa API.