Legal Opinion

Estate of Gibson v. Commissioner

United States Tax Court

Decided January 26, 1976No. Docket No. 3511-74PublishedCited by 1 opinion

Decedent's husband predeceased her. His will provided that all property was to go to decedent. Because the husband's estate included oil and gas lease interests in land situated in Louisiana, his will was submitted for ancillary succession proceedings there. Louisiana law does not allow a husband to leave all property to his wife where there are legitimate children produced of the marriage.

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Decedent's husband predeceased her. His will provided that all property was to go to decedent. Because the husband's estate included oil and gas lease interests in land situated in Louisiana, his will was submitted for ancillary succession proceedings there. Louisiana law does not allow a husband to leave all property to his wife where there are legitimate children produced of the marriage. At the date of the husband's death he was survived by decedent and three legitimate children produced of their marriage. After submitting the will for probate in Louisiana each child, at the request of…

1Opinion of the Court

OPINION

Section 2053(a)5 provides, in general, that claims against the estate of the decedent which are allowable under the laws of the State in which the estate is being administered are deductible from the gross estate.

In order to determine whether the estate is entitled to a deduction under section 2053 for a usufructuary accounting to the forced heirs of George, we must first determine whether prior to her death the interest held by decedent in oil and gas leases with respect to land situated in Louisiana was merely the usufruct interest6 in the leases or whether as a result of the…

2Cases cited13 opinions

  1. United States v. StapfSupreme Court of the United States · 1964
  2. Mansfield Hardwood Lumber Company v. Hattie A. JohnsonCourt of Appeals for the Fifth Circuit · 1959
  3. Bank of New York v. United StatesCourt of Appeals for the Third Circuit · 1975
  4. In Re Estate of Harold Hartshorne, Deceased. Harold Hartshorne, Jr., and James M. Hartshorne, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1968
  5. Silverman v. McGinnesCourt of Appeals for the Third Circuit · 1958

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3Cited by1 opinion

  1. Estate of Gibson v. CommissionerUnited States Tax Court · 1976

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