- 13 - distinction without a difference”, respondent argues that any comparison between them is “inapposite”. Inasmuch as State law is the source of legal rights and interests in property and income, we first ascertain the legal and economic characteristics of the Florida elective share under the Florida Probate Code as compared with Florida statutory dower. In so doing, we are bound and guided by the relevant rulings of the Florida Supreme Court, Commissioner v. Estate of Bosch, 387 U.S. 456, 465 (1967), and give “proper regard” to rulings of the lower Florida courts, id. We then determine the effect of those legal rights and interests for Federal income tax purposes in accordance with Federal income tax principles and rules. Morgan v. Commissioner, 309 U.S. 78, 81 (1940); Lyeth v. Hoey, 305 U.S. 188, 193-194 (1938); Jones v. Whittington, 194 F.2d 812, 815 (10th Cir. 1952). We agree with petitioner and conclude that the distribution rules of subchapter J do not apply to her Florida elective share. The legal and economic differences between petitioner's interest in the Florida elective share and the interests of the residuary beneficiaries are so significant that their respective interests must be treated differently for Federal income tax purposes. The Florida elective share, which replaced statutory dower in 1975, should be accorded the same Federal income tax treatment as statutory dower because they have common legal and economicPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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