Estate of Agnello v. Commissioner
United States Tax Court
Held, the estate tax marital deduction does not include the amount received by the surviving spouse in the settlement of her claim to her elective share under New Jersey law to the extent that the amount received includes a portion of the postdeath enhancement in value of the estate assets. Secs. 2031, 2056, I.R.C.Estate of Hubert v. Commissioner, 101 T.C. 314 (1993), distinguished.
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Held, the estate tax marital deduction does not include the amount received by the surviving spouse in the settlement of her claim to her elective share under New Jersey law to the extent that the amount received includes a portion of the postdeath enhancement in value of the estate assets. Secs. 2031, 2056, I.R.C.Estate of Hubert v. Commissioner, 101 T.C. 314 (1993), distinguished. The fact that New Jersey law may provide for valuation of the widow's elective share as of the date of distribution is irrelevant in the application of the Federal statute. Cf. Morgan v. Commissioner, 309 U.S. 78,…
1Opinion of the Court
Estate of Fiore Agnello, Deceased, John Agnello, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Agnello v. Commissioner
Docket No. 12201-92
United States Tax Court
103 T.C. 605; 1994 U.S. Tax Ct. LEXIS 77; 103 T.C. No. 34;
November 10, 1994, Filed
Decision will be entered under Rule 155.
Held, the estate tax marital deduction does not include the amount received by the surviving spouse in the settlement of her claim to her elective share under New Jersey law to the extent that the amount received includes a portion of the postdeath enhancement in value of the estate…
2Cases cited9 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Jackson v. United StatesSupreme Court of the United States · 1964
- Estate of Hubert v. CommissionerUnited States Tax Court · 1993
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