ESTATE OF WEISBERGER v. COMMISSIONER

Docket No. 57673.

29 T.C. 217 (1957)

ESTATE OF ALLEN L. WEISBERGER, DECEASED, JOSEPH THOMAS, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed November 14, 1957.


Attorney(s) appearing for the Case

William T. Walker, Esq., for the petitioner.

L. Robert Leisner, Esq., for the respondent.


FORRESTER, Judge:

Respondent has determined a deficiency in estate tax of the petitioner in the amount of $33,151.25. The issues are (1) whether respondent erred in disallowing the marital deduction in respect of a trust created by decedent's will, and (2) whether respondent erred in disallowing a credit for State inheritance tax paid, a part of which may eventually be recovered.

FINDINGS OF FACT.

The stipulation of facts filed by the parties...

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