Legal Opinion

Slocum v. Commissioner

United States Tax Court

Decided January 14, 1954No. Docket No. 41690PublishedCited by 6 opinions

Estate Tax -- "Property Subject to Claims" -- Section 812 (b), I. R. C. -- Held, property subject to a power of appointment exercised by decedent's will not "property subject to claims" under South Carolina law.

1Opinion of the Court

OPINION.

Tietjens, Judge:

The primary issue is a narrow one. The applicable section of the Internal Revenue Code with the pertinent parts italicized appears in the margin.1 The purpose of section 812 (b) as amended, was thoroughly discussed in Estate of Samuel Hirsch, 14 T. C. 509. The question in this case is whether the property subject to the power of appointment which the decedent exercised in his will was property “subject to claims” which “under the applicable law” would bear the burden of the payment of the claimed deductions in the final adjustment and settlement of the estate. “The…

2Cases cited5 opinions

  1. United States v. FieldSupreme Court of the United States · 1921
  2. St. Matthews Bank v. De CharetteCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Rhode Island Hospital Trust Co. v. AnthonySupreme Court of Rhode Island · 1928
  4. Hirsch v. CommissionerUnited States Tax Court · 1950
  5. Humphrey v. CampbellSupreme Court of South Carolina · 1900

3Cited by6 opinions

  1. Sarah A. Wilson, Now Known as S. A. W. Hooker, and George C. Wilson, Executors of the Estate of George C. Wilson Jr., Deceased v. United StatesCourt of Appeals for the Third Circuit · 1967
  2. Lande v. CommissionerUnited States Tax Court · 1954
  3. Weber v. CommissionerUnited States Tax Court · 1958
  4. Lande v. CommissionerUnited States Tax Court · 1954
  5. Slocum v. CommissionerUnited States Tax Court · 1954

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API