Legal Opinion

Estate of Caswell v. Commissioner

United States Tax Court

Decided April 15, 1974No. Docket No. 6049-70Published

The estate's Federal estate tax return was due Jan. 21, 1968. Prior to that date, two distributees of the estate executed a deed in favor of the third, the surviving spouse of the decedent.

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The estate's Federal estate tax return was due Jan. 21, 1968. Prior to that date, two distributees of the estate executed a deed in favor of the third, the surviving spouse of the decedent. Held, the deed was not a disclaimer for purposes of the marital deduction (sec. 2056 (a) and (d)( 2), I.R.C. 1954); held, further, for purposes of such provisions, renunciations actually filed on Aug. 8, 1968, are considered filed on such date and consequently were filed too late to constitute effective disclaimers, notwithstanding a nunc pro tunc order of the State court treating the renunciations as…

1Opinion of the Court

Estate of C. Warren Caswell, Deceased, Lois S. Caswell, Administratrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Caswell v. Commissioner

Docket No. 6049-70

United States Tax Court

62 T.C. 51; 1974 U.S. Tax Ct. LEXIS 125; 62 T.C. No. 7;

April 15, 1974, Filed

Decision will be entered for the respondent.

The estate's Federal estate tax return was due Jan. 21, 1968. Prior to that date, two distributees of the estate executed a deed in favor of the third, the surviving spouse of the decedent. Held, the deed was not a disclaimer for purposes of the marital deduction (sec. 2056…

2Cases cited17 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Burnet v. HarmelSupreme Court of the United States · 1932
  3. J. E. Riley Investment Co. v. CommissionerSupreme Court of the United States · 1940
  4. Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
  5. Daine v. CommissionerUnited States Tax Court · 1947

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