Carlson v. Commissioner
United States Tax Court
Estate Tax -- Deduction -- Charitable Bequest -- Exclusively -- Sec. 812 (d), I. R. C. -- A residuary bequest, after a life estate of measurable value, gives rise to a deduction under section 812 (d) where left to trustees as a "Retirement and/or Welfare Fund" for employees of a corporation.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner devotes a large part of his brief to arguments based upon provisions of the will which were to take effect only in case the decedent’s wife, Esther, failed to survive him. However, she survived him and those provisions of the will and the arguments of the Commissioner based thereon are irrelevant hereto and require no further comment.
Esther took a life estate in the property bequeathed in the Fifth paragraph of the will and the value of her life estate at the date of the decedent’s death can be computed. The value of the stock has been stipulated.…
2Cases cited9 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Bok v. McCaughnCourt of Appeals for the Third Circuit · 1930
- Eagan v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1930
- Gimbel v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1931
- Harrison v. Barker Annuity FundCourt of Appeals for the Seventh Circuit · 1937
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3Cited by1 opinion
- Carlson v. CommissionerUnited States Tax Court · 1953