Smith v. Commissioner
United States Tax Court
Decedent's widow elected to take against decedent's will and, under Pennsylvania law, became entitled to receive one-third of the estate's net assets. All death taxes are to be paid from the residuary estate.
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Decedent's widow elected to take against decedent's will and, under Pennsylvania law, became entitled to receive one-third of the estate's net assets. All death taxes are to be paid from the residuary estate. A low valuation of certain stock owned by decedent would increase the estate's capital gains tax on the sale of the stock and thus would have a substantial adverse impact upon the widow's distribution from the estate, but it would have a favorable effect upon the interests of the residuary beneficiaries because estate taxes would be minimized. Held, the widow is not entitled to intervene…
1Opinion of the Court
OPINION
Featherston, Judge:
This case is before the Court on the motion of Mary L. Smith (hereinafter Mrs. Smith) to intervene. Objections to the motion have been made by George J. Hauptfuhrer, Jr., administrator pro tern, by respondent, and by the trustees and beneficiaries of the trusts created pursuant to decedent’s will. The trustees and beneficiaries of the trusts have moved, alternatively, that they be granted permission to intervene if Mrs. Smith’s motion is granted.
The motion by Mrs. Smith to intervene was denied by a Special Trial Judge’s order dated March 12, 1980. Mrs. Smith appealed…
2Cases cited21 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Peterson v. United StatesDistrict Court, D. Minnesota · 1966
- Commissioner of Internal Revenue v. Revere Land Co.Court of Appeals for the Third Circuit · 1948
- Tarver v. CommissionerUnited States Tax Court · 1956
- Estate of Theodore Geddings Tarver, Deceased, the Citizens and Southern National Bank of South Carolina v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1958
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3Cited by6 opinions
- Sampson v. CommissionerUnited States Tax Court · 1983
- McHenry v. CommissionerCourt of Appeals for the Fourth Circuit · 2012
- Estate of Proctor v. CommissionerUnited States Tax Court · 1994
- McHenry v. CommissionerCourt of Appeals for the Fourth Circuit · 2012
- Sampson v. CommissionerUnited States Tax Court · 1983
1 more not listed; retrieve them via the Exa API.