Estate of Bennett v. Commissioner
United States Tax Court
Under the terms of the decedent's (D's) will, the residue of his estate goes to an existing inter vivos trust upon his death, which trust at that time is to be divided into two trusts, the Family Trust and the Memorial Trust. Neither the will nor the trust agreement provides for the Memorial Trust to qualify for a marital deduction. Under the terms of the trust agreement and the will, as written, the Memorial Trust admittedly does not qualify for a marital deduction.
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Under the terms of the decedent's (D's) will, the residue of his estate goes to an existing inter vivos trust upon his death, which trust at that time is to be divided into two trusts, the Family Trust and the Memorial Trust. Neither the will nor the trust agreement provides for the Memorial Trust to qualify for a marital deduction. Under the terms of the trust agreement and the will, as written, the Memorial Trust admittedly does not qualify for a marital deduction. After D's death, the trustees of the Memorial Trust, in an effort to qualify a specific portion of the Memorial Trust for a…
1Opinion of the Court
ESTATE OF CHARLES RUSSELL BENNETT, DECEASED, EVA F. BENNETT AND DON R. PAXSON, CO-EXECUTORS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Estate of Bennett v. Commissioner
Docket No. 8052-89
United States Tax Court
100 T.C. 42; 1993 U.S. Tax Ct. LEXIS 5; 100 T.C. No. 5;
February 1, 1993, Filed
Decision will be entered under Rule 155.
Under the terms of the decedent's (D's) will, the residue of his estate goes to an existing inter vivos trust upon his death, which trust at that time is to be divided into two trusts, the Family Trust and the Memorial Trust. Neither the will nor the trust…
2Cases cited38 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Helvering v. StuartSupreme Court of the United States · 1942
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Arnold Van Den Wymelenberg, as of the Estate of Eleanor Van Den Wymelenberg, and Arnold Van Den Wymelenberg v. United StatesCourt of Appeals for the Seventh Circuit · 1968
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