Brooks v. Commissioner
United States Tax Court
Amount of estate tax charitable deduction computed from value of residue left to charities, held, subject to reduction by amount of Pennsylvania inheritance tax ultimately to be due therefrom on account of possible remainders under prior testamentary trust after death of life tenant with powers of appointment and invasion.
1Opinion of the Court
OPINION.
Oppek, Judge:
The problem here arises because Pennsylvania’s inheritance tax does not coincide with that imposed under Federal statutes. The Federal estate tax is payable in one sum computed on conditions as they existed at decedent’s death, Ithaca Trust Co. v. United States, 279 U. S. 151, while in Pennsylvania a part of the tax may be postponed to await the final outcome of decedent’s disposition.
This decedent left one trust for his wife’s life with powers of invasion and appointment and certain remainders over in default of their exercise. This trust was determined by respondent to…
2Cases cited6 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Robinette v. HelveringSupreme Court of the United States · 1943
- Newton Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947
- Heberton EstateSupreme Court of Pennsylvania · 1945
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hull v. CommissionerUnited States Tax Court · 1962
- Estate of La Sala v. CommissionerUnited States Tax Court · 1979
- Brooks v. CommissionerUnited States Tax Court · 1956
- Estate of La Sala v. CommissionerUnited States Tax Court · 1979
- Estate of Schildkraut v. CommissionerUnited States Tax Court · 1965
1 more not listed; retrieve them via the Exa API.