Williams v. Commissioner
United States Tax Court
D's surviving spouse (S) chose to take an elective share rather than to take under D's will. S submitted a proposed allocation of estate assets to fund the elective share which was summarily approved by Probate Court order. The allocated assets were unencumbered securities and cash. Respondent argues that, under Tenn.
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D's surviving spouse (S) chose to take an elective share rather than to take under D's will. S submitted a proposed allocation of estate assets to fund the elective share which was summarily approved by Probate Court order. The allocated assets were unencumbered securities and cash. Respondent argues that, under Tenn. Code Ann. sec. 31-4-101 (Supp. 1993), the elective share must be reduced by a pro rata share of D's secured debts in determining the maximum allowable marital deduction under sec. 2056(a), I.R.C. The Tennessee statute has not been expressly construed or analyzed by any court.…
1Opinion of the Court
Estate of Atlas Duncan Williams, Deceased, Carolyn S. Williams, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent
Williams v. Commissioner
Docket No. 8582-93
United States Tax Court
103 T.C. 451; 1994 U.S. Tax Ct. LEXIS 68; 103 T.C. No. 25;
September 14, 1994, Filed
An order will be issued granting respondent's motion for partial summary judgment and denying petitioner's motion for summary judgment.
D's surviving spouse (S) chose to take an elective share rather than to take under D's will. S submitted a proposed allocation of estate assets to fund the elective share which was…
2Cases cited10 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Abourezk v. ReaganCourt of Appeals for the D.C. Circuit · 1986
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
- Merchants & Planters Bank v. MyersCourt of Appeals of Tennessee · 1982
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