- 28 - decedent’s debts. See, e.g., Fla. Stat. Ann. sec. 733.613 (West 1995) (power of sale over real property to pay debts); Fla. Stat. Ann. sec. 731.34 (West 1964) (repealed 1974) (personalty liable for decedent’s secured debts after 1939). The Commissioner’s ruling in Rev. Rul. 64-101, 1964-1 C.B. (Part 1) 77, confirmed that the longstanding practice of excluding dower from a widow’s gross income under the 1939 Code and earlier revenue acts would be continued under the 1954 Code. 6 Merten's Law of Federal Income Taxation, sec. 36.81 at 390 (1949) (“Amounts received as dower by a widow are not taxable” under the 1939 Code). There is no evidence in the legislative history of the 1954 Code that Congress intended to reverse the exclusion when it enacted subchapter J.19 That exclusion ensures that the surviving spouse will incur no income tax liability by 19 In Lemle v. United States, 419 F. Supp. 68, 71 (S.D.N.Y. 1976), affd. on another ground 579 F.2d 185 (2d Cir. 1978), the District Court expressed the view that payment of a former version of the New York elective share, which was entitled to share in estate income, resulted in sec. 662 distributions to the surviving spouse, is distinguishable. The Court of Appeals for the Second Circuit framed the issue in Lemle as “whether, having already received payments out of estate income, * * * [the taxpayer, a surviving spouse] can, by subsequent compromise agreement, recharacterize them as payments of principal” Lemle v. United States, 579 F.2d at 188, when she and her husband’s estate subsequently settled her right to the New York elective share. The Court of Appeals decided that the taxpayer could not do so. Id.; cf. Delmar v. Commissioner, 25 T.C. 1015, 1021-1022 (1956) (income received as part of settlement in lieu of a statutory forced share, which was entitled to share in estate income under Illinois law, was taxable to the surviving spouse under sec. 162(c) of the 1939 Code).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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