Legal Opinion

Wadewitz v. Commissioner

United States Tax Court

Decided March 20, 1963No. Docket Nos. 82859, 93085PublishedCited by 24 opinions

Held, the fair market value of a retirement contract executed by decedent and his employer is includable in his gross estate under section 2039(a), I.R.C. 1954 (but not under section 2033, I.R.C. 1954).

1Opinion of the Court

Withey, Judge:

The respondent determined a deficiency in estate tax in the Estate of Edward H. Wadewitz in the amount of $41,592.68 and this petitioner claims an overpayment in estate tax in the amount of $86,057.88. A deficiency in the income tax of Nettie J. Wadewitz has been determined in the amount of $4,030.54 for the taxable year 1957.

The issues presented for our decision are (1) whether the value of a retirement contract is includable in the gross estate of Edward H. Wadewitz; and (2) in the event we decide that the contract is includable in the decedent’s gross estate under section…

2Cases cited17 opinions

  1. Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
  2. Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  3. Pipe v. CommissionerUnited States Tax Court · 1954
  4. Estate of J. William Bahen, Deceased, Kathleen Privett Bahen, Sole v. The United StatesUnited States Court of Claims · 1962
  5. Goodman v. GrangerCourt of Appeals for the Third Circuit · 1957

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

3Cited by24 opinions

  1. Fusz v. CommissionerUnited States Tax Court · 1966
  2. Carrie Kramer and Julius Kramer, Executors of the Estate of Abraham Kramer, Deceased v. The United StatesUnited States Court of Claims · 1969
  3. Estate of Barr v. CommissionerUnited States Tax Court · 1963
  4. Estate of Fried v. CommissionerUnited States Tax Court · 1970
  5. Estate of Bernard L. Porter, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1971

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

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