Luehrmann v. Commissioner
United States Tax Court
In computing for Federal estate tax purposes the present value of a charitable bequest, which consists of a remainder interest in the estate's residue, held, costs of administration and executors' commissions, even though claimed as deductions from the estate's gross income for Federal income tax purposes, are to be deducted in computing the value of the estate residue.
1Opinion of the Court
OPINION.
Opper, Judge:
This proceeding involves a deficiency in Federal estate tax in the amount of $203,020.17 determined against the Estate of Edward H. Luehrmann.
All of the facts were stipulated. They are hereby found.
The stipulation reflects certain concessions on the part of each of the parties. The only question for our consideration is whether executors’ commissions and costs of administration which were claimed as deductions on the estate’s Federal income tax returns, during the course of administration, and were not claimed as deductions on the estate’s Federal estate tax return, as…
2Cases cited13 opinions
- Edwards v. SlocumSupreme Court of the United States · 1924
- Harrison v. Northern Trust Co.Supreme Court of the United States · 1943
- Hardenbergh v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Eighth Circuit · 1952
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Hohensee v. CommissionerUnited States Tax Court · 1956
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Borchers v. CommissionerUnited States Tax Court · 1990
- Estate of Edward H. Luehrmann, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
- Roney v. CommissionerUnited States Tax Court · 1960
- Reinhardt v. CommissionerUnited States Tax Court · 1985
- Estate of Horne v. CommissionerUnited States Tax Court · 1988
18 more not listed; retrieve them via the Exa API.