Davis v. Commissioner
United States Tax Court
Decedent bequeathed the residue of his estate to a bank in trust with directions to use the income and the principal, if necessary, to make payments of specific amounts to the student nurses enrolled in the Lutheran Hospital School of Nursing at the time of his death or thereafter attending such school. Held, the bequest is deductible under section 812 (d) of the Internal Revenue Code of 1939.
1Opinion of the Court
OPINION.
Bktjce, Judge:
The sole issue is whether the bequest in Item V of decedent’s will is a charitable or educational bequest and thus deductible under section 812 (d), Internal Revenue Code of 1939, in arriving at the net estate for Federal estate tax purposes. That section provides that, for the purpose of computing the Federal estate tax, the value of the net estate should be determined by deducting from the value of the gross estate:(d) * * * The amount of all bequests * * * to a trustee ⅜ * * but only if such contributions or gifts are to be used by such trustee * * * exclusively for…
2Cases cited6 opinions
- Huntington Nat'l Bank v. CommissionerUnited States Tax Court · 1949
- Bok v. McCaughnCourt of Appeals for the Third Circuit · 1930
- Eagan v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1930
- Marshall v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Marshall v. CommissionerUnited States Tax Court · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. CommissionerUnited States Tax Court · 1970
- Estate of McAllister v. CommissionerUnited States Tax Court · 1970
- Continental Illinois National Bank and Trust Company of Chicago v. The United StatesUnited States Court of Claims · 1968
- Continental Illinois National Bank and Trust Company of Chicago v. The United StatesUnited States Court of Claims · 1968
- Davis v. CommissionerUnited States Tax Court · 1956
2 more not listed; retrieve them via the Exa API.