Estate of Clack v. Commissioner
United States Tax Court
Decedent's will gave his surviving spouse an income interest in certain marital trust property but provided that if decedent's coexecutors did not elect to treat the property as "qualified terminable interest property" (QTIP) within the meaning of sec. 2056(b)(7), I.R.C., such property would instead be administered under the terms of a nonmarital family trust. Held: The marital trust property is QTIP within the meaning of sec. 2056(b)(7), I.R.C.
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Decedent's will gave his surviving spouse an income interest in certain marital trust property but provided that if decedent's coexecutors did not elect to treat the property as "qualified terminable interest property" (QTIP) within the meaning of sec. 2056(b)(7), I.R.C., such property would instead be administered under the terms of a nonmarital family trust. Held: The marital trust property is QTIP within the meaning of sec. 2056(b)(7), I.R.C. This Court's opinions in Estate of Robertson v. Commissioner, 98 T.C. 678 (1992), revd. 15 F.3d 779 (8th Cir. 1994); Estate of Clayton v.…
1ConcurrenceGerber, J.
I am compelled, however, to write separately to address Judge Fárker’s dissenting view that appellate venue depends on the estate’s representative’s residence, rather than the domicile of the decedent. The identity of the petitioner1 in a case involving an estate is a question of some moment and one that this Court has not yet addressed with any particularity.
The dissenting opinion contains the view that an appeal in this case lies in the estate’s representative’s appellate venue (the Court of Appeals for the Seventh Circuit), and, therefore, we are not bound to follow the holding of the…
2Cases cited14 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Fehrs v. CommissionerUnited States Tax Court · 1975
- Harold Patz Trust v. CommissionerUnited States Tax Court · 1977
- Tarver v. CommissionerUnited States Tax Court · 1956
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