Nelson v. Commissioner
United States Tax Court
1. Land included in decedent's estate on which was located his homesite held, on facts and under applicable Florida law, homestead property in its entirety in which decedent's widow acquired no more than a terminable interest excluded from the marital deduction under section 812 (e) (1) (B), Internal Revenue Code of 1939. 2. Subsequent disclaimers by some, but not all of the descendants held, further, rendered ineffective by section 812 (e) (4) (B), Internal Revenue Code of…
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1. Land included in decedent's estate on which was located his homesite held, on facts and under applicable Florida law, homestead property in its entirety in which decedent's widow acquired no more than a terminable interest excluded from the marital deduction under section 812 (e) (1) (B), Internal Revenue Code of 1939. 2. Subsequent disclaimers by some, but not all of the descendants held, further, rendered ineffective by section 812 (e) (4) (B), Internal Revenue Code of 1939.
1Opinion of the Court
OPINION.
Oppek, Judge:
Whether-the widow acquired no more than a terminable interest at decedent’s death in the 60 acres remaining in controversy, thus requiring the exclusion of its value from the marital deduction under section 812 (e) (1) (B), Internal Revenue Code of 1939,1 must be determined from all the facts and circumstances 2 as they would be interpreted under Florida law. Estate of Gust Marion Peterson, 23 T. C. 1020; Estate of Emmet Awtry, 22 T. C. 91. There can be little doubt that the 5-acre oak grove section in which decedent’s actual homesite was located at his death constituted…
2Cases cited16 opinions
- Milton v. MiltonSupreme Court of Florida · 1912
- Baker v. StateSupreme Court of Florida · 1879
- H. Weston Lumber Co. v. Lacey Lumber Co.Mississippi Supreme Court · 1920
- Gulf Refining Co. v. AnkenySupreme Court of Florida · 1931
- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
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3Cited by4 opinions
- Estate of Wynekoop v. CommissionerUnited States Tax Court · 1955
- Wynekoop v. CommissionerUnited States Tax Court · 1955
- Nelson v. CommissionerUnited States Tax Court · 1955
- Wynekoop v. CommissionerUnited States Tax Court · 1955