Legal Opinion

Estate of Gillespie v. Commissioner

United States Tax Court

Decided December 10, 1980No. Docket No. 12424-77Published

D bequeathed her residual estate to a trust of which a church was a contingent remainderman. Such remainder does not constitute an interest in a charitable remainder annuity trust, a charitable remainder unitrust, or a pooled income fund, referred to in sec. 2055(e)(2)(A), I.R.C. 1954. Held, sec. 2055(e)(2) is constitutional, and therefore, the estate is not entitled to an estate tax charitable deduction for such contingent remainder interest.

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D bequeathed her residual estate to a trust of which a church was a contingent remainderman. Such remainder does not constitute an interest in a charitable remainder annuity trust, a charitable remainder unitrust, or a pooled income fund, referred to in sec. 2055(e)(2)(A), I.R.C. 1954. Held, sec. 2055(e)(2) is constitutional, and therefore, the estate is not entitled to an estate tax charitable deduction for such contingent remainder interest. Held, further, certain "dividends" omitted from the estate tax return are includable in the decedent's gross estate.

1Opinion of the Court

Estate of Mary E. Gillespie, Deceased, Bartlett F. Cole, Testamentary Trustee, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Gillespie v. Commissioner

Docket No. 12424-77

United States Tax Court

75 T.C. 374; 1980 U.S. Tax Ct. LEXIS 17;

December 10, 1980, Filed

Decision will be entered for the respondent.

D bequeathed her residual estate to a trust of which a church was a contingent remainderman. Such remainder does not constitute an interest in a charitable remainder annuity trust, a charitable remainder unitrust, or a pooled income fund, referred to in sec. 2055(e)(2)(A),…

2Cases cited21 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  4. City of New Orleans v. DukesSupreme Court of the United States · 1976
  5. Burnet v. WellsSupreme Court of the United States · 1933

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