Estate of Siegel v. Commissioner
United States Tax Court
Decedent and his wife executed mutual wills containing certain language of a nature that would contractually bind them to dispose of their collective estate in a specified manner. Held: Under New York law, the independent contractual language contained in the wills created a contract which was binding upon the survivor.
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Decedent and his wife executed mutual wills containing certain language of a nature that would contractually bind them to dispose of their collective estate in a specified manner. Held: Under New York law, the independent contractual language contained in the wills created a contract which was binding upon the survivor. The interest received by the surviving spouse by virtue of the decedent's will was therefore terminable within the meaning of sec. 2056(b)(1), I.R.C. 1954, and fails to qualify for the marital deduction. Estate of Edward N. Opal, 54 T.C. 154 (1970), affd. 450 F.2d 1085 (2d…
1Opinion of the Court
Fay, Judge:
Respondent determined a deficiency of $26,048.38 in .the Federal estate tax of the petitioner, the Estate of David A. Siegel. Due to concessions,1 the sole issue remaining for decision is whether petitioner is entitled to a marital deduction under section 2056(a)2 for the value of the interest in property which decedent’s surviving spouse received by virtue of his will.
FINDINGS OF FACT
Certain facts were stipulated and are so found.
David A. Siegel (hereinafter referred to as David or the decedent) died testate in New York on September 9, 1970. He was survived by his wife, Mildred…
2Cases cited20 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Estate of Emerson v. CommissionerUnited States Tax Court · 1977
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Tutunjian v. VetzigianNew York Court of Appeals · 1949
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3Cited by2 opinions
- Tilg v. Department of RevenueWisconsin Supreme Court · 1979
- Estate of Siegel v. CommissionerUnited States Tax Court · 1977