Estate of Meeske v. Commissioner
United States Tax Court
Decedent created an inter vivos trust into which he transferred a substantial portion of his assets. He retained the right to income for life and to invade the corpus for his own benefit. The trust agreement also provided for a division of the trust corpus at the death of the settlor into a marital portion and a residual portion.
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Decedent created an inter vivos trust into which he transferred a substantial portion of his assets. He retained the right to income for life and to invade the corpus for his own benefit. The trust agreement also provided for a division of the trust corpus at the death of the settlor into a marital portion and a residual portion. The allocation was made by an "equalization clause" designed to produce the lowest potential aggregate estate taxes on the combined estates of the decedent and his surviving spouse. The amounts were then placed into separate marital and residual trusts. The surviving…
1Opinion of the Court
OPINION
Tietjens, Judge:
Respondent determined a deficiency in the estate tax of the Estate of Fritz L. Meeske in the amount of $136,033.55. The issue is whether the estate is entitled to a marital deduction under section 2056, I.R.C. 1954,1 for certain property passing to the decedent’s surviving spouse pursuant to the terms of a trust agreement.
The facts have been fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts and attached exhibits are incorporated herein by reference.
Decedent Fritz L. Meeske died on August 22,1970. Prior to his…
2Cases cited9 opinions
- Jackson v. United StatesSupreme Court of the United States · 1964
- Northeastern Pennsylvania National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1967
- Rose Gelb, Victor Edwin Gelb, Manufacturers Trust Company, Executors, of the Estate of Harry Gelb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
- The Citizens National Bank of Evansville, as of the Last Will and Testament of G. Ashburn Koch, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1966
- Estate of Charles W. Smith, Deceased. The Northern Trust Company, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Estate of Howard v. CommissionerUnited States Tax Court · 1988
- Estate of Vilda S. Laurin, Deceased v. Commissioner of Internal Revenue, Estate of Fritz L. Meeske, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1981
- Estate of Alexander v. CommissionerUnited States Tax Court · 1984
- ESTATE OF WALSH v. COMMISSIONERUnited States Tax Court · 1998
- ESTATE OF WALSH v. COMMISSIONERUnited States Tax Court · 1998
5 more not listed; retrieve them via the Exa API.