Butler v. Commissioner
United States Tax Court
1. Where the decedent's widow was suffering from cancer in an inoperable and incurable form at the date of the decedent's death and facts known at that time indicated that her actual life expectancy was less than one year, held, the facts in existence at the time of decedent's death will be taken into account in valuing the widow's life estate rather than actuarial tables. 2. Where a charitable remainder given under the decedent's will violates section 17 of the New York…
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1. Where the decedent's widow was suffering from cancer in an inoperable and incurable form at the date of the decedent's death and facts known at that time indicated that her actual life expectancy was less than one year, held, the facts in existence at the time of decedent's death will be taken into account in valuing the widow's life estate rather than actuarial tables. 2. Where a charitable remainder given under the decedent's will violates section 17 of the New York Decedent Estate Law, held, for the purposes of section 812 (d) of the Internal Revenue Code, only that portion of the…
1Opinion of the Court
OPINION.
Hill, Judge:
The petition filed in this proceeding sets forth three assignments of error. The petition alleges, first, an erroneous valuation of the charitable remainder passing to the trustees of Columbia University in the City of New York, an organization admittedly tax exempt under section 812 (d) of the Internal Revenue Code; second, the failure to allow as a deduction the sum of $2,250, which was ordered to be paid to the special guardian by decree of the Surrogate’s Court upon the executors’ final account; and third, the failure to allow as a deduction the expenses of this…
2Cases cited7 opinions
- United States v. Provident Trust Co.Supreme Court of the United States · 1934
- Jennings v. CommissionerUnited States Tax Court · 1948
- Estate of Denbigh ex rel. Denbigh v. CommissionerUnited States Tax Court · 1946
- Humphrey v. MillardCourt of Appeals for the Second Circuit · 1935
- In re the Estate of DonnellyNew York Surrogate's Court · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gregory v. CommissionerUnited States Tax Court · 1963
- Estate of Gribauskas v. CommissionerUnited States Tax Court · 2001
- Estate of Gloria A. Lion, Deceased, Morton E. Rome and George L. Clarke, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1971
- Bank of California, of the Estate of Daisy Manning v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Continental Illinois National Bank and Trust Company of Chicago, as of the Estate of Josephine W. Speth, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1974
19 more not listed; retrieve them via the Exa API.