Estate of Hall v. Commissioner
United States Tax Court
Decedent's will established a split-interest charitable remainder trust which failed to comply with the form requirements for deduction prescribed in sec. 2055(e)(2)(A), I.R.C. 1954. Petitioner claims that the trust was posthumously amended in a "qualified reformation" within the meaning of sec. 2055(e)(3), I.R.C. 1954. Held, no judicial proceeding was commenced to change the trust's remainder interests into deductible interests within the deadline set forth in sec.…
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Decedent's will established a split-interest charitable remainder trust which failed to comply with the form requirements for deduction prescribed in sec. 2055(e)(2)(A), I.R.C. 1954. Petitioner claims that the trust was posthumously amended in a "qualified reformation" within the meaning of sec. 2055(e)(3), I.R.C. 1954. Held, no judicial proceeding was commenced to change the trust's remainder interests into deductible interests within the deadline set forth in sec. 2055(e)(3)(C)(iii), I.R.C. 1954, with the result that there was no "qualified reformation" within the meaning of sec.…
1Opinion of the Court
WHALEN, Judge:
Respondent determined a deficiency of $109,483.98 in petitioner’s Federal estate tax, and an addition to tax of $10,948.10 under section 6651(a)(1).1 After concessions, the issue for decision is whether petitioner is entitled to charitable deductions under section 2055 for bequests of remainder interests in a testamentary trust to six charitable organizations.
FINDINGS OF FACT
All of the facts have been stipulated and are so found. The stipulation of facts submitted by the parties and attached exhibits are incorporated herein by this reference.
Mrs. Zella Hall died testate on June…
2Cases cited6 opinions
- Estate of Edgar v. CommissionerUnited States Tax Court · 1980
- First National Bank v. United StatesUnited States Court of Claims · 1978
- Shriners Hospitals for Crippled Children, as Transferee and Successor in Interest to the Estate of Ernest C. Hudson v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Estate of Crafts v. CommissionerUnited States Tax Court · 1980
- Oxford Orphanage, Inc. v. United StatesCourt of Appeals for the Fourth Circuit · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of Reddert v. United StatesDistrict Court, D. New Jersey · 1996
- Estate of Starkey v. United StatesDistrict Court, S.D. Indiana · 1999
- Estate of Hall v. CommissionerUnited States Tax Court · 1989