Smith v. Commissioner
United States Board of Tax Appeals
Decedent's original will contained no charitable bequests. Following controversy of the will, it was modified by a compromise agreement among the contestants to include charitable bequests, and the will, thus modified, was probated. Under local law, the provisions of the agreement were deemed embodied in the will, as though written by the testator. Petitioners claim as a deduction from the value of the gross estate, the total of the charitable bequests agreed upon.
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Decedent's original will contained no charitable bequests. Following controversy of the will, it was modified by a compromise agreement among the contestants to include charitable bequests, and the will, thus modified, was probated. Under local law, the provisions of the agreement were deemed embodied in the will, as though written by the testator. Petitioners claim as a deduction from the value of the gross estate, the total of the charitable bequests agreed upon. Held, the local law, making the compromise agreement a part of the will as from the date of the testators death, is not…
1Opinion of the Court
OPINION.
Goodeigh :
Respondent determined a deficiency in estate tax of $26,408.15. Petitioners, who are the duly qualified executors of the wiil of Lucian Sharpe, admit liability for $256.30 of the deficiency but contest the remainder. The facts are not in dispute, being established by allegations of the petition admitted by the answer. For the purposes of this report, they may be summarized as follows:
Lucian Sharpe died on January 26,1931, a resident of Providence, Rhode Island. He left a will, executed under date of October 17, 1922, which provided no charitable bequests. Pending probate,…
2Cases cited6 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Tyler v. United StatesSupreme Court of the United States · 1930
- Weiss v. WeinerSupreme Court of the United States · 1929
- Young Men's Christian Assn. of Columbus v. DavisSupreme Court of the United States · 1924
- Barber v. WestcottSupreme Court of Rhode Island · 1899
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3Cited by2 opinions
- Norris v. CommissionerUnited States Board of Tax Appeals · 1942
- Smith v. CommissionerUnited States Board of Tax Appeals · 1934