Estate of Christmas v. Commissioner
United States Tax Court
Decedent died testate on Oct. 5, 1982, a resident of New Mexico. Her will, which decedent executed on Mar. 7, 1977, and did not revoke or amend prior to her death, contains a formula clause under which she devised to her surviving spouse that portion of her separate property, and to the extent necessary, her community property, which would equal the maximum marital deduction available under the Internal Revenue Code.
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Decedent died testate on Oct. 5, 1982, a resident of New Mexico. Her will, which decedent executed on Mar. 7, 1977, and did not revoke or amend prior to her death, contains a formula clause under which she devised to her surviving spouse that portion of her separate property, and to the extent necessary, her community property, which would equal the maximum marital deduction available under the Internal Revenue Code. Held: The provision in decedent's will is a maximum marital deduction formula clause within the meaning of the transitional rule of sec. 403(e)(3), Economic Recovery Tax Act of…
1Opinion of the Court
OPINION
SCOTT, Judge:
Respondent determined a deficiency in the Federal estate tax of the Estate of Pauline Christmas in the amount of $109,336.98. Some of the issues raised by the pleadings have been disposed of by agreement of the parties, leaving for decision whether the provisions of section 403(e)(3), Economic Recovery Tax Act of 1981, Pub. L. 97-34, 95 Stat. 305 (ERTA or the act), prohibit the estate from qualifying under section 20561 for an unlimited marital deduction.2
All of the facts have been stipulated and are found accordingly.
Petitioner is the Estate of Pauline Christmas…
2Cases cited3 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Lyeth v. HoeySupreme Court of the United States · 1938
- Estate of Neisen v. CommissionerUnited States Tax Court · 1987
3Cited by9 opinions
- Liberty National Bank & Trust Company, Estate of Terry H. Fischer, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1989
- Estate of Francis L. Bruning, Deceased, Ilse M. Bruning, Personal Representative v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1989
- Estate of Levitt v. CommissionerUnited States Tax Court · 1990
- Estate of Christmas v. CommissionerUnited States Tax Court · 1988
- Estate of Higgins v. CommissionerUnited States Tax Court · 1991
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