Estate of Robertson v. Commissioner
United States Tax Court
The will of decedent (D) gave his wife (W) an income interest in trusts M-2 and M-3 and provided that if D's executor did not elect to treat the property in trusts M-2 and M-3 as "qualified terminable interest property" (QTIP property) within the meaning of sec. 2056(b)(7), I.R.C., that property would instead be added to the nonmarital trust.
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The will of decedent (D) gave his wife (W) an income interest in trusts M-2 and M-3 and provided that if D's executor did not elect to treat the property in trusts M-2 and M-3 as "qualified terminable interest property" (QTIP property) within the meaning of sec. 2056(b)(7), I.R.C., that property would instead be added to the nonmarital trust. The executor made the QTIP election as to the property in trusts M-2 and M-3. Held, D's estate is not entitled to an estate tax marital deduction for W's interest in the trusts M-2 and M-3 property, where W's interest in trusts M-2 and M-3 was contingent…
1Opinion of the Court
Estate of Willard E. Robertson, Deceased, Tom Stockland, Successor-Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Robertson v. Commissioner
Docket No. 39144-87
United States Tax Court
98 T.C. 678; 1992 U.S. Tax Ct. LEXIS 51; 98 T.C. No. 47;
June 29, 1992, Filed
An order will be issued granting respondent's motion for partial summary judgment.
The will of decedent (D) gave his wife (W) an income interest in trusts M-2 and M-3 and provided that if D's executor did not elect to treat the property in trusts M-2 and M-3 as "qualified terminable interest property" (QTIP…
2Cases cited21 opinions
- Naftel v. CommissionerUnited States Tax Court · 1985
- Jacklin v. CommissionerUnited States Tax Court · 1982
- Espinoza v. CommissionerUnited States Tax Court · 1982
- Jackson v. United StatesSupreme Court of the United States · 1964
- Estate of Kyle v. CommissionerUnited States Tax Court · 1990
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