Estate of Letts v. Commissioner
United States Tax Court
Decedent's (D) husband (H) died in 1985, and D died in 1991. They were survived by two children, James P. Letts III and JoAnne Magbee. James P. Letts III was executor of both of their estates and signed both estate tax returns. D was also a coexecutor of H's estate, and JoAnne Magbee was a coexecutor of H's and D's estates. The beneficiaries of H's will were D, James P. Letts III, and JoAnne Magbee. The beneficiaries of D's will were James P. Letts III and JoAnne Magbee.
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Decedent's (D) husband (H) died in 1985, and D died in 1991. They were survived by two children, James P. Letts III and JoAnne Magbee. James P. Letts III was executor of both of their estates and signed both estate tax returns. D was also a coexecutor of H's estate, and JoAnne Magbee was a coexecutor of H's and D's estates. The beneficiaries of H's will were D, James P. Letts III, and JoAnne Magbee. The beneficiaries of D's will were James P. Letts III and JoAnne Magbee. In his will, H left certain property to D. H's estate claimed a marital deduction for the value of the property. H's estate…
1Opinion of the Court
OPINION
Colvin, Judge:
Respondent determined that petitioner is liable for a $461,601 deficiency in Federal estate tax. The issue for decision is whether, because of the duty of consistency, decedent’s estate includes the value of property that decedent’s husband left to her. We hold that it does.1
Unless otherwise indicated, section references are to the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure.
I. Background
The facts are fully stipulated, and the case was submitted under Rule 122. Decedent died in Georgia. The executors of her estate live in…
2Cases cited33 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Glass v. CommissionerUnited States Tax Court · 1986
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
28 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Estate of Hilda Ashman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2000
- Blonien v. Comm'rUnited States Tax Court · 2002
- Clemency v. Department of RevenueWashington Supreme Court · 2012
- Conrad Janis Maria G. Janis v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2006
- Estate of Morgens v. Comm'rUnited States Tax Court · 2009
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