Estate of Rice v. Commissioner
United States Tax Court
Held, that the value of the interest of the surviving spouse in property passing to her from the decedent must be reduced, in computing the amount of the marital deduction under section 2056 of the Internal Revenue Code of 1954, by the amount of Federal estate tax and Massachusetts inheritance tax attributable thereto, since, as of the date of the death of the decedent, such interest was, under the laws of Massachusetts, burdened with such taxes.
1Opinion of the Court
OPINION
Atkins, Judge:
Tlie respondent determined a deficiency in estate tax in the amount of $2,270.57, based in part upon the reduction, by $3,381.90, of the amount of $145,134.15 claimed as the marital deduction. The only issue presented is whether the respondent erred in making such reduction. All of the facts are stipulated and are incorporated herein by this reference.
The decedent, Albert L. Rice, who was a resident of Braintree, Mass., died testate on September 2, 1959. He was survived by his wife, Martha C. Rice, and two daughters. Letters testamentary were granted on October 28, 1959,…
2Cases cited16 opinions
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Plunkett v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1919
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Roy B. Thompson, Jr., of the Will of Roy B. Thompson, Deceased v. Earl R. Wiseman, District Director of Internal RevenueCourt of Appeals for the Tenth Circuit · 1956
- Roney v. CommissionerUnited States Tax Court · 1960
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3Cited by13 opinions
- Estate of Milton S. Wycoff, Deceased, Zions First National Bank v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1974
- Estate of Wycoff v. CommissionerUnited States Tax Court · 1973
- Estate of Reid v. CommissionerUnited States Tax Court · 1988
- Estate of Milliken v. CommissionerUnited States Tax Court · 1978
- Estate of Dawson v. CommissionerUnited States Tax Court · 1974
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