Miller v. Commissioner
United States Tax Court
Decedent was the surviving spouse of Edna. By her will he became the life tenant of a trust and was given a general testamentary power of appointment with regard to the remainder interest therein. Edna's will provided that upon default of the exercise of this power the remainder interest should go to a named charitable organization. At the time of Edna's death decedent was over 80 years of age.
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Decedent was the surviving spouse of Edna. By her will he became the life tenant of a trust and was given a general testamentary power of appointment with regard to the remainder interest therein. Edna's will provided that upon default of the exercise of this power the remainder interest should go to a named charitable organization. At the time of Edna's death decedent was over 80 years of age. In order to make available to Edna's estate a charitable deduction in an amount equal to the value of the remainder interest in such trust, pursuant to sec. 2055(b)(2), I.R.C. 1954, decedent executed…
1Opinion of the Court
OPINION
Keen, Judge:
Respondent determined a deficiency in the Federal estate tax of the Estate of Hugh Gordon Miller in the amount of $87,199.90. Decedent, who was over 80 years of age at the time of his wife’s death, acquired under her will an income interest in trust assets for his life, and a general testamentary power of appointment over the remainder. This will provided that if he did not exercise this power, the remainder should go to a charitable organization named therein subject to a life interest in the trust income to their son. Decedent took the steps necessary to make available to…
2Cases cited4 opinions
- Marian Essenfeld v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
- Seubert v. ShaughnessyCourt of Appeals for the Second Circuit · 1956
- Essenfeld v. CommissionerUnited States Tax Court · 1961
- Miller v. CommissionerUnited States Tax Court · 1967
3Cited by12 opinions
- Anders v. CommissionerUnited States Tax Court · 1967
- Miller v. CommissionerUnited States Tax Court · 1967
- Estate of Hugh Gordon Miller, Deceased, Allen Gordon Miller, Edwin Schroff and Helen T. Ives v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Estate of Edna Allen Miller, Deceased, Allen Gordon Miller and Erwin SchroffCourt of Appeals for the Third Circuit · 1968
- Estate of Pfeifer v. CommissionerUnited States Tax Court · 1977
- Estate of Hoskins v. CommissionerUnited States Tax Court · 1978
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