Legal Opinion

Estate of Allen v. Commissioner

United States Tax Court

Decided February 15, 1963No. Docket No. 85375PublishedCited by 12 opinions

Under a pension agreement between decedent and his employer, funded by insurance and annuity contracts, in the event of decedent's death prior to normal retirement date employer was to arrange with insurance company to have proceeds of contracts paid to decedent's spouse in monthly installments not exceeding in amount one-half of monthly retirement income to which decedent would have been entitled at normal retirement age, or to have proceeds applied under any settlement…

Read the full summary

Under a pension agreement between decedent and his employer, funded by insurance and annuity contracts, in the event of decedent's death prior to normal retirement date employer was to arrange with insurance company to have proceeds of contracts paid to decedent's spouse in monthly installments not exceeding in amount one-half of monthly retirement income to which decedent would have been entitled at normal retirement age, or to have proceeds applied under any settlement option provided in the contracts, subject to the same limitations as to the amount of the monthly payments. Upon death or…

1Opinion of the Court

OPINION.

Deennen, Judge:

Respondent lias determined tbat there is due from petitioner a deficiency in estate tax in tbe amount of $18,520.36.

Tbe issues for decision are:(1) The value for estate tax purposes of benefits under a pension agreement entered into between Wilmar Mason Allen (hereafter called decedent) and his employer; and(2) Whether petitioner is entitled to a marital deduction equal to the value of the interest of decedent’s surviving spouse, Erma S. Allen (hereafter called Erma), in the benefits payable to her under the pension agreement.

Petitioner has made claim for overpayment in…

2Cases cited3 opinions

  1. United States v. CalderonSupreme Court of the United States · 1954
  2. Estate of J. William Bahen, Deceased, Kathleen Privett Bahen, Sole v. The United StatesUnited States Court of Claims · 1962
  3. Meyer v. United StatesSupreme Court of the United States · 1960

3Cited by12 opinions

  1. Fusz v. CommissionerUnited States Tax Court · 1966
  2. Estate of Barr v. CommissionerUnited States Tax Court · 1963
  3. Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
  4. Baldarelli v. CommissionerUnited States Tax Court · 1973
  5. Estate of Schelberg v. CommissionerUnited States Tax Court · 1978

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API