Estate of Higgins v. Commissioner
United States Tax Court
Decedent's will left a life interest in the residue of his estate to his surviving spouse and the remainder interest therein (subject to the payment of taxes, administration expenses, and certain needs of the surviving spouse) to designated charities. Held, the personal representative of the estate did not make an election to have the interest treated as "qualified terminable interest property" (QTIP) under sec. 2056(b)(7), I.R.C. 1954.
1Opinion of the Court
FEATHERSTON, Judge:
Respondent determined a deficiency in the Federal estate tax of the Estate of John T. Higgins in the amount of $185,813.46. The issue for determination is whether the personal representative of the estate made a valid qualified terminable interest property election under section 2056(b)(7).1
FINDINGS OF FACT
Manufacturers National Bank of Detroit (the bank), is the personal representative of the Estate of John T. Higgins. Its principal office at the time of the filing of the petition was in Detroit, Michigan.
John T. Higgins (hereinafter Higgins or decedent), a retired…
2Cases cited14 opinions
- Humes v. United StatesSupreme Court of the United States · 1928
- Knight-Ridder Newspapers, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
- Tipps v. CommissionerUnited States Tax Court · 1980
- John H. Young and Carolyn J. Young v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1986
- Valdes v. CommissionerUnited States Tax Court · 1973
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Estate of Kyle v. CommissionerUnited States Tax Court · 1990
- Estate of Nicholson v. CommissionerUnited States Tax Court · 1990
- Estate of John T. Higgins, Deceased Manufacturers National Bank of Detroit, Personal Representative v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1990
- Estate of Clayton v. CommissionerUnited States Tax Court · 1991
- Estate of Bowling v. CommissionerUnited States Tax Court · 1989
18 more not listed; retrieve them via the Exa API.