Legal Opinion

Estate of Nicholson v. Commissioner

United States Tax Court

Decided April 30, 1990No. Docket No. 3635-88Published

H's testamentary trust gave to W "so much of the net income therefrom * * * as * * * [she] may from time to time require to maintain [her] usual and customary standard of living." Held, W was not "entitled to all the income from the property" under the terms of the trust, and her interest in the trust therefore failed to qualify for the marital deduction as "qualified terminable interest property" within the meaning of sec. 2056(b)(7), I.R.C.

1Opinion of the Court

Estate of T. Buford Nicholson, Deceased, William B. Nicholson, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Nicholson v. Commissioner

Docket No. 3635-88

United States Tax Court

94 T.C. 666; 1990 U.S. Tax Ct. LEXIS 44; 94 T.C. No. 39;

April 30, 1990, Filed

Decision will be entered under Rule 155.

H's testamentary trust gave to W "so much of the net income therefrom * * * as * * * [she] may from time to time require to maintain [her] usual and customary standard of living." Held, W was not "entitled to all the income from the property" under the terms of the trust,…

2Cases cited29 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  4. The Estate of Mary Frances Smith Bright, Deceased, by H. R. Bright, Independent v. United StatesCourt of Appeals for the Fifth Circuit · 1981
  5. In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936

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