Horton v. Commissioner
United States Tax Court
Held, under New York law, the language "should [my wife] die before said residuary estate shall have been distributed to her, then * * * I give, devise and bequeath said residuary estate, * * * to our two sons," as it affected realty, created a "terminable interest" which was nondeductible under sec. 2056, I.R.C. 1954.
1Opinion of the Court
Estate of S. Wentworth Horton, Gertrude I. Warner, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent
Horton v. Commissioner
Docket No. 1479-65
United States Tax Court
47 T.C. 641; 1967 U.S. Tax Ct. LEXIS 131;
March 27, 1967, Filed
Decision will be entered for the respondent.
Held, under New York law, the language "should [my wife] die before said residuary estate shall have been distributed to her, then * * * I give, devise and bequeath said residuary estate, * * * to our two sons," as it affected realty, created a "terminable interest" which was nondeductible under sec. 2056,…
2Cases cited30 opinions
- Jackson v. United StatesSupreme Court of the United States · 1964
- Blood v. . KaneNew York Court of Appeals · 1892
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Waxson Realty Corp. v. RothschildNew York Court of Appeals · 1931
25 more not listed; retrieve them via the Exa API.