Estate of O'Brien v. Commissioner
United States Tax Court
O'Brien bequeathed remainder interests to six charities upon the termination of a testamentary trust. Held: Given the wording of O'Brien's will, the trustee does not have authority to invade the trust corpus. The value of the charitable bequests is, therefore, deductible under sec. 2055(a), I.R.C. 1954.
1Opinion of the Court
Dawson, Judge:
Respondent determined a deficiency of $7,673.18 in the estate tax of the petitioner. The question to be decided is whether the petitioner is entitled to a deduction from the gross estate under section 2055(a) of the Internal Revenue Code of 1954,1 for the decedent’s bequest of a remainder interest to six charities upon the termination of a testamentary trust. The answer depends upon the construction of various provisions of O’Brien’s will.
FINDINGS OF FACT
Most of the facts have been stipulated. The stipulation of facts, together with the exhibits attached thereto, are…
2Cases cited10 opinions
- Helvering v. F. & R. Lazarus & Co.Supreme Court of the United States · 1939
- Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
- Harrison v. CommissionerUnited States Tax Court · 1952
- Scofield, Collector of Internal Revenue v. GreerCourt of Appeals for the Fifth Circuit · 1950
- Landa v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. AstinCourt of Appeals for the D.C. Circuit · 1953
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Estate of Craft v. CommissionerUnited States Tax Court · 1977
- Mitchell v. CommissionerUnited States Tax Court · 1976
- Estate of Gooel v. CommissionerUnited States Tax Court · 1977
- Estate of Craft v. CommissionerUnited States Tax Court · 1977
- Estate of Gooel v. CommissionerUnited States Tax Court · 1977
2 more not listed; retrieve them via the Exa API.