Estate of Rinaldi v. United States

OPINION

WIESE, Judge.

Introduction

Plaintiff, the estate of Clyde L. Rinaldi, seeks a refund of taxes assessed against it by the Internal Revenue Service stemming from the agency’s disallowance of certain deductions claimed by plaintiff as part of its estate tax return. The two issues subject to the parties’ cross-motions for summary judgment presently before the court are: the validity of the estate’s election of a marital trust as qualified terminable interest property (“QTIP”) under Internal Revenue Code § 2056(b)(7); and the amount properly deductible as a casualty, under § 2054, for the…