Estate of Marine v. Commissioner
United States Tax Court
A codicil to decedent's will provided that his personal representatives, in their discretion, could select and compensate persons who had contributed to decedent's well-being during his lifetime. The codicil limited each such bequest to a maximum of 1 percent of decedent's gross probate estate, without limiting the number of such bequests that could be made. Decedent's will left the residue of his estate to charitable beneficiaries.
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A codicil to decedent's will provided that his personal representatives, in their discretion, could select and compensate persons who had contributed to decedent's well-being during his lifetime. The codicil limited each such bequest to a maximum of 1 percent of decedent's gross probate estate, without limiting the number of such bequests that could be made. Decedent's will left the residue of his estate to charitable beneficiaries. Held, the value of the residue was not ascertainable at the date of decedent's death and thus is not deductible from his gross estate as a transfer to charity…
1Opinion of the Court
WELLS, Judge:
Respondent determined a deficiency in petitioner’s Federal estate tax liability of $790,918.29. After concessions, the issue for our decision is whether petitioner is entitled to deduct the value of a testamentary bequest to charitable beneficiaries under section 2055(a).1
FINDINGS OF FACT
Some of the facts have been stipulated for trial pursuant to Rule 91. The stipulations are adopted by this reference. At the time the petition in the instant case was filed, William H. Price II, one of petitioner’s personal representatives, maintained a business address in Easton, Maryland.
Petitio…
2Cases cited30 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Humes v. United StatesSupreme Court of the United States · 1928
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3Cited by5 opinions
- Estate of Engelman v. Comm'rUnited States Tax Court · 2003
- Estate of Engelman v. Comm'rUnited States Tax Court · 2003
- Estate of Howard v. Moore, Virgil L. Moore, and Trustee v. CommissionerUnited States Tax Court · 2020
- Estate of Leona Engelman, Peggy D. Mattson v. CommissionerUnited States Tax Court · 2003
- Estate of Marine v. CommissionerUnited States Tax Court · 1991