Legal Opinion

Estate of Morse v. Commissioner

United States Tax Court

Decided December 6, 1977No. Docket No. 7740-74Published

Prior to their marriage decedent's wife received income from a trust established by her former husband which she forfeited if she remarried. In an antenuptial agreement decedent and his wife each waived all claims to the other's property, released and waived all rights of dower, curtesy, and statutory rights in lieu thereof, and decedent agreed that after his death his wife would receive $ 12,000 per year income during her lifetime from his estate.

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Prior to their marriage decedent's wife received income from a trust established by her former husband which she forfeited if she remarried. In an antenuptial agreement decedent and his wife each waived all claims to the other's property, released and waived all rights of dower, curtesy, and statutory rights in lieu thereof, and decedent agreed that after his death his wife would receive $ 12,000 per year income during her lifetime from his estate. After their marriage decedent and his wife resided in her house and decedent paid no rent and she paid most of the costs of upkeep. Held: The…

1Opinion of the Court

Estate of Franklin A. Morse, Deceased, The First National Bank of Southwestern Michigan, Administrator, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Morse v. Commissioner

Docket No. 7740-74

United States Tax Court

69 T.C. 408; 1977 U.S. Tax Ct. LEXIS 14;

December 6, 1977, Filed

Decision will be entered under Rule 155.

Prior to their marriage decedent's wife received income from a trust established by her former husband which she forfeited if she remarried. In an antenuptial agreement decedent and his wife each waived all claims to the other's property, released and waived all…

2Cases cited9 opinions

  1. Commissioner v. WemyssSupreme Court of the United States · 1945
  2. Tauber v. CommissionerUnited States Tax Court · 1955
  3. Goetchius v. CommissionerUnited States Tax Court · 1951
  4. Bank of New York v. United StatesCourt of Appeals for the Third Circuit · 1975
  5. Estate of Pollard v. CommissionerUnited States Tax Court · 1969

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