Estate of Anne W. Morgens, James H. Morgens v. Commissioner

133 T.C. No. 17

UNITED STATES TAX COURT ESTATE OF ANNE W. MORGENS, DECEASED, JAMES H. MORGENS, EXECUTOR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 26212-06. Filed December 21, 2009. Husband (H) and wife (D) established a revocable inter vivos trust. After H’s death the portion of the trust representing H’s one-half of the community property was allocated to a residual trust in which D received an income interest for life. A qualified terminable interest property (QTIP) election under sec. 2056(b)(7), I.R.C., was made on H’s estate tax return for the property passing…