Estate of Siegel v. Commissioner
United States Tax Court
Decedent entered into an agreement with his employer whereby he was to be paid an annual rate of compensation for performance of services for a fixed term of employment. The agreement provided that in the event of disability, decedent was to continue to receive payments under the agreement for the remainder of the term; in the event of death, the remaining payments were to be paid to decedent's children.
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Decedent entered into an agreement with his employer whereby he was to be paid an annual rate of compensation for performance of services for a fixed term of employment. The agreement provided that in the event of disability, decedent was to continue to receive payments under the agreement for the remainder of the term; in the event of death, the remaining payments were to be paid to decedent's children. The agreement further provided that decedent and his employer could mutually consent to modify the children's rights and interests under the agreement. Decedent died while a full-time…
1Opinion of the Court
Chabot, Judge:
Respondent determined a deficiency in Federal estate tax against petitioner in the amount of $382,815.89. The other issues in this case having been severed for trial at a later date, the single issue now presented for decision is whether the commuted value of amounts payable to decedent’s children under an employment contract between decedent and his employer is includable in decedent’s gross estate either—(1) Under section 2039(a),1 because decedent might have been entitled to postemployment disability benefits under the employment contract, or(2) Under section 2038(a)(1),…
2Cases cited31 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953
- Danielson v. CommissionerUnited States Tax Court · 1965
- Helvering v. HelmholzSupreme Court of the United States · 1935
26 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Elrod v. CommissionerUnited States Tax Court · 1986
- Steiner v. CommissionerUnited States Tax Court · 1995
- Ansan Tool & Mfg. Co. v. CommissionerUnited States Tax Court · 1992
- Dempsey v. CommissionerUnited States Tax Court · 1982
- Elrod v. CommissionerUnited States Tax Court · 1986
5 more not listed; retrieve them via the Exa API.