Legal Opinion

Estate of Burghardt v. Commissioner

United States Tax Court

Decided April 11, 1983No. Docket No. 20766-81PublishedCited by 17 opinions

Petitioner, the estate of a nonresident alien, claimed, under the estate tax convention between the United States and Italy, a credit against its estate tax in excess of the credit permitted under sec. 2102(c)(1), I.R.C. 1954. Held, the sec. 2010 unified credit is a "specific exemption" as that term is used in the Italian treaty; petitioner is entitled to the higher credit.

1Opinion of the Court

OPINION

Tannenwald, Chief Judge:

Respondent determined a deficiency of $4,983.11 in petitioner’s Federal estate tax. The sole issue for decision is whether petitioner, the estate of a nonresident alien, is entitled, under the estate tax convention between the United States and the Republic of Italy (the Italian treaty),1 to a percentage of the unified credit available to estates of citizens or residents of the United States under section 20102 in lieu of the $3,600 credit allowed nonresident aliens under section 2102(c)(1).3

The case was submitted fully stipulated pursuant to Rule 122. The…

2Cases cited13 opinions

  1. Edye v. RobertsonSupreme Court of the United States · 1884
  2. Commissioner v. LoBueSupreme Court of the United States · 1956
  3. Whitney v. RobertsonSupreme Court of the United States · 1888
  4. Menominee Tribe of Indians v. United StatesSupreme Court of the United States · 1968
  5. Factor v. LaubenheimerSupreme Court of the United States · 1933

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. North W. Life Assur. Co. of Can. v. CommissionerUnited States Tax Court · 1996
  2. Estate of Silver v. Comm'rUnited States Tax Court · 2003
  3. American Air Liquide, Inc. v. CommissionerUnited States Tax Court · 2001
  4. Taisei Fire & Marine Ins. Co. v. CommissionerUnited States Tax Court · 1995
  5. Mudry v. United StatesUnited States Court of Claims · 1986

12 more not listed; retrieve them via the Exa API.

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