Estate of Cavenaugh v. Commissioner
United States Tax Court
H and W were married and resided in Texas, a community property State. In 1980, H and W purchased a renewable term life insurance policy on H's life. In 1983, W died testate. In her will, W left H certain property interests for which H, as executor of W's estate, elected QTIP treatment. Four months after W's death, H remarried and executed a purported last will and testament, leaving his entire estate to his second wife and naming her executrix of his estate.
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H and W were married and resided in Texas, a community property State. In 1980, H and W purchased a renewable term life insurance policy on H's life. In 1983, W died testate. In her will, W left H certain property interests for which H, as executor of W's estate, elected QTIP treatment. Four months after W's death, H remarried and executed a purported last will and testament, leaving his entire estate to his second wife and naming her executrix of his estate. In 1986, H died. Pursuant to agreement settling the will contest that followed H's death, the Midland County Court denied probate of…
1Opinion of the Court
Beghe, Judge:
Respondent determined a deficiency of $215,075 in petitioner’s Federal estate tax and an addition to tax of $43,015 under section 6651(a)(1) for late filing of the Federal estate tax return.
Unless otherwise noted, all section references are to the Internal Revenue Code in effect as of the date of Herbert R. Cavenaugh’s death, and all Rule references are to the Tax Court Rules of Practice and Procedure. All references to petitioner are to the Estate of Herbert R. Cavenaugh.
After concessions by the parties, the following questions remain for decision:(1) Whether petitioner…
2Cases cited33 opinions
- United States v. BoyleSupreme Court of the United States · 1985
- Helvering v. MitchellSupreme Court of the United States · 1938
- McMurry v. StanleyTexas Supreme Court · 1887
- Colden v. AlexanderTexas Supreme Court · 1943
- Plunkett v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1941
28 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Estate of Young v. CommissionerUnited States Tax Court · 1998
- Estate of Letts v. CommissionerUnited States Tax Court · 1997
- Estate of Cavenaugh v. CommissionerCourt of Appeals for the Fifth Circuit · 1995
- Estate of Shelfer v. CommissionerUnited States Tax Court · 1994
- Estate of Posner v. Comm'rUnited States Tax Court · 2004
14 more not listed; retrieve them via the Exa API.