Legal Opinion

Estate of Monroe v. Commissioner

United States Tax Court

Decided March 27, 1995No. Docket No. 9819-93Published

Decedent made various bequests in her will, including generation-skipping transfers in trust. Held: (1) Renunciations of legacies followed by payments from decedent's spouse were not disclaimers under sec. 2518(b), I.R.C., and renounced amounts were not part of the marital deduction. (2) Generation-skipping transfer taxes were chargeable to the property constituting the transfer, under sec. 2603(b), and did not reduce the marital deduction.

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Decedent made various bequests in her will, including generation-skipping transfers in trust. Held: (1) Renunciations of legacies followed by payments from decedent's spouse were not disclaimers under sec. 2518(b), I.R.C., and renounced amounts were not part of the marital deduction. (2) Generation-skipping transfer taxes were chargeable to the property constituting the transfer, under sec. 2603(b), and did not reduce the marital deduction. (3) The addition to tax for negligence, under sec. 6662, applies.

1Opinion of the Court

Estate of Louise S. Monroe, Deceased, Robert J. Monroe, Provisional Administrator, and Estate of J. Edgar Monroe, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Monroe v. Commissioner

Docket No. 9819-93

United States Tax Court

104 T.C. 352; 1995 U.S. Tax Ct. LEXIS 19; 104 T.C. No. 16;

March 27, 1995, Filed

Decision will be entered under Rule 155.

Decedent made various bequests in her will, including generation-skipping transfers in trust. Held: (1) Renunciations of legacies followed by payments from decedent's spouse were not disclaimers under sec. 2518(b), I.R.C.,…

2Cases cited20 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Commissioner v. DubersteinSupreme Court of the United States · 1960
  3. Malat v. RiddellSupreme Court of the United States · 1966
  4. Riggs v. Del DragoSupreme Court of the United States · 1942
  5. United States v. StewartSupreme Court of the United States · 1940

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