Waldman v. Commissioner
United States Board of Tax Appeals
1. Decedent, by will, left the residuum of his estate in trust for his wife for life, with remainder over in trust for a charitable institution. He directed that any legacy, bequest or devise to his wife should not be burdened with estate or inheritance taxes. In accordance with New York State law, the appraisers of decedent's estate set off to his widow certain furniture, an automobile, and clothing.
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1. Decedent, by will, left the residuum of his estate in trust for his wife for life, with remainder over in trust for a charitable institution. He directed that any legacy, bequest or devise to his wife should not be burdened with estate or inheritance taxes. In accordance with New York State law, the appraisers of decedent's estate set off to his widow certain furniture, an automobile, and clothing. Held, that the items set off to decedent's widow are includible in the gross estate of the decedent for purposes of the estate tax; held, further, that those items are not valid deductions from…
1Opinion of the Court
OPINION.
Ahundell:
The Commissioner determined a deficiency in estate tax of decedent’s estate in the sum of $956.09. The first issue is whether or not furniture, clothing, and an automobile set off to decedent’s widow in accordance with a New York statute is includible in decedent’s gross estate. The second issue is whether or not respondent correctly computed the amount of a deduction for a charitable bequest.
Most of the facts were stipulated and are hereby adopted as a part of our findings. Of the stipulated facts we set forth herein only such facts as are material to our discussion of the…
2Cases cited1 opinion
- Edwards v. SlocumSupreme Court of the United States · 1924
3Cited by6 opinions
- Luehrmann v. CommissionerUnited States Tax Court · 1959
- Hartford Nat. Bank & Trust Co. v. United StatesDistrict Court, D. Connecticut · 1952
- Estate of Gertrude Dodd v. CommissionerUnited States Tax Court · 1947
- Luehrmann v. CommissionerUnited States Tax Court · 1959
- Luehrmann v. CommissionerUnited States Tax Court · 1959
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