Estate of Burdick v. Commissioner
United States Tax Court
Decedent's will provided for a charitable remainder interest that did not qualify for an estate tax deduction under sec. 2055(e)(2)(A), I.R.C. 1954. The estate did not reform the charitable remainder interest under the relief provisions of sec. 2055(e)(3), I.R.C. 1954. Solely in an attempt to qualify the charitable bequest for an estate tax deduction, the executor paid $ 60,000 to the specified charitable organization in termination of the charitable remainder interest.
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Decedent's will provided for a charitable remainder interest that did not qualify for an estate tax deduction under sec. 2055(e)(2)(A), I.R.C. 1954. The estate did not reform the charitable remainder interest under the relief provisions of sec. 2055(e)(3), I.R.C. 1954. Solely in an attempt to qualify the charitable bequest for an estate tax deduction, the executor paid $ 60,000 to the specified charitable organization in termination of the charitable remainder interest. Held: Where the only reason for termination or modification of an otherwise nonqualifying split-interest charitable bequest…
1Opinion of the Court
SWIFT, Judge:
Respondent determined a deficiency of $68,718 in the Federal estate tax liability of decedent Perrin V. Burdick. After settlement of some issues, the sole issue for decision is the deductibility of a charitable bequest made in decedent’s will.
FINDINGS OF FACT
Many of the facts have been stipulated and are so found. Decedent died testate on April 20, 1984. Decedent’s brother, petitioner Thomas A. Burdick, is the executor of decedent’s estate. Thomas Burdick resided in Ontario, California, at the time the petition was filed.
Decedent’s holographic will, dated November 6, 1982, was…
2Cases cited9 opinions
- Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
- First National Bank of Fayetteville, Arkansas, of the Estate of Jesse W. Cannon, Deceased v. United StatesCourt of Appeals for the First Circuit · 1984
- William J. Oetting, of the Estate of Irma H. Dunmeyer, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1983
- James P. Flanagan, Administrator of the Estate of Frank Parkes, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1987
- Estate of Edgar v. CommissionerUnited States Tax Court · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thomas Burdick, Estate of Perrin v. Burdick v. Commissioner Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1992
- Estate of La Meres v. Comm'rUnited States Tax Court · 1992
- Estate of Marine v. CommissionerUnited States Tax Court · 1991
- Estate of Burdick v. CommissionerUnited States Tax Court · 1991
- Estate of La Meres v. Comm'rUnited States Tax Court · 1992
1 more not listed; retrieve them via the Exa API.