106 T.C. No. 6
UNITED STATES TAX COURT
ESTATE OF WILLIS EDWARD CLACK, DECEASED, MARSHALL &
ILSLEY TRUST COMPANY, CO-PERSONAL REPRESENTATIVE, AND
RICHARD E. CLACK, CO-PERSONAL REPRESENTATIVE, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 12557-91. Filed February 29, 1996.
Decedent’s will gave his surviving spouse an
income interest in certain marital trust property but
provided that if decedent’s coexecutors did not elect
to treat the property as "qualified terminable interest
property" (QTIP) within the meaning of sec. 2056(b)(7),
I.R.C., such property would instead be administered
under the terms of a nonmarital family trust.
Held: The marital trust property is QTIP within
the meaning of sec. 2056(b)(7), I.R.C. This Court's
opinions in Estate of Robertson v. Commissioner, 98
T.C. 678 (1992), revd. 15 F.3d 779 (8th Cir. 1994);
Estate of Clayton v. Commissioner, 97 T.C. 327 (1991),
revd. 976 F.2d 1486 (5th Cir. 1992); and Estate of
Spencer v. Commissioner, T.C. Memo. 1992-579, revd. 43
F.3d 226 (6th Cir. 1995), are no longer followed.
Robert L. Kamholz, Jr., and John M. Byers, for petitioner.
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