ESTATE OF SMITH v. COMMISSIONER

Docket No. 829-76.

37 T.C.M. 745 (1978)

T.C. Memo. 1978-175

Estate of Doyle J. Smith, Deceased, Christine C. Smith and Doyle J. Smith, Jr., Co-Executors v. Commissioner.

United States Tax Court.

Filed May 10, 1978.


Attorney(s) appearing for the Case

Donald W. Pemberton, 2750 One Commerce Square, Memphis, Tenn., for petitioner. Wm. Robert Pope, Jr., for respondent.


Memorandum Opinion

TANNENWALD, Judge:

Respondent determined a deficiency of $26,868.00 in petitioner's Federal estate tax. The sole issue for decision is whether property passing to a testamentary trust qualifies for the marital deduction under section 2056.1

All of the facts have been stipulated. The stipulation of facts, together with the exhibits attached thereto, is incorporated herein by this reference.

Doyle...

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