Legal Opinion

Estate of Neisen v. Commissioner

United States Tax Court

Decided October 28, 1987No. Docket No. 4909-86PublishedCited by 17 opinions

Decedent died testate on Apr. 20, 1982, survived by his wife and six children. His will, which decedent executed on Jan. 31, 1980, and did not amend or revoke prior to his death, contains a formula marital deduction provision. Held: The formula marital deduction provision in decedent's will is not a "formula" within the meaning of sec. 403(e)(3), Economic Recovery Tax Act of 1981, Pub.

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Decedent died testate on Apr. 20, 1982, survived by his wife and six children. His will, which decedent executed on Jan. 31, 1980, and did not amend or revoke prior to his death, contains a formula marital deduction provision. Held: The formula marital deduction provision in decedent's will is not a "formula" within the meaning of sec. 403(e)(3), Economic Recovery Tax Act of 1981, Pub. L. 97-34, 95 Stat. 305. Consequently, that statute does not preclude petitioner from qualifying for an unlimited marital deduction under sec. 2056, I.R.C. 1954.

1Opinion of the Court

OPINION

STERRETT, Chief Judge:*

By notice of deficiency dated January 3, 1986, respondent determined a deficiency in petitioner’s Federal estate tax in the amount of $127,065.68. Due to concessions by petitioner, the only issue presented in this case is whether section 403(e)(3), Economic Recovery Tax Act of 1981, Pub. L. 97-34, 95 Stat. 305, precludes petitioner from qualifying for an unlimited marital deduction under section 2056.1

The parties submitted this case fully stipulated pursuant to Rule 122. The stipulation of facts and exhibit attached thereto are incorporated herein by this…

2Cited by17 opinions

  1. Estate of Richardson v. CommissionerUnited States Tax Court · 1987
  2. Liberty National Bank & Trust Company, Estate of Terry H. Fischer, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1989
  3. Estate of Francis L. Bruning, Deceased, Ilse M. Bruning, Personal Representative v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1989
  4. Estate of Bruning v. CommissionerUnited States Tax Court · 1988
  5. Estate of Christmas v. CommissionerUnited States Tax Court · 1988

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