Legal Opinion

Estate of Clayton v. Commissioner

Court of Appeals for the Fifth Circuit

Decided November 11, 1992No. 92-4196PublishedCited by 33 opinions

1Opinion of the Court

WIENER, Circuit Judge.

This federal estate tax case concerns the eligibility, for purposes of the estate tax Marital Deduction (Marital Deduction), of that portion of a legacy in trust for the benefit of the surviving spouse for which a timely Qualified Terminable Interest Property (QTIP) election was made by the surviving spouse in her capacity as Independent Executrix. On appeal Petitioners-Appellants, Mary Magdalene Clayton (Surviving Spouse) and The First National Bank of Lamesa (the Bank), as Independent Co-Executors of the Estate of Arthur M. Clayton, Jr. (Testator), seek reversal of the…

2Cases cited6 opinions

  1. Korematsu v. United StatesSupreme Court of the United States · 1945
  2. Fernandez v. WienerSupreme Court of the United States · 1946
  3. United States v. Henry Prentiss & Co.Supreme Court of the United States · 1933
  4. Estate of Clayton v. CommissionerUnited States Tax Court · 1991
  5. Estate of Robertson v. CommissionerUnited States Tax Court · 1992

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

3Cited by33 opinions

  1. Sealy Power, Ltd. v. CommissionerCourt of Appeals for the Fifth Circuit · 1995
  2. McKnight v. CommissionerCourt of Appeals for the Fifth Circuit · 1993
  3. Nationalist Movement v. CommissionerCourt of Appeals for the Fifth Circuit · 1994
  4. Estate of Shelfer v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1996
  5. Estate of Rapp v. CommissionerCourt of Appeals for the Ninth Circuit · 1998

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

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