Estate of Dorothy Walsh, Deceased, Charles E. Walsh, Personal Respresentative - Page 2

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               required by sec. 2056(b)(5), I.R.C., and the                           
               regulations thereunder.                                                
               Thomas J. Shroyer, Robert B. Firing, Nicky R. Hay, and                 
          Steven Z. Kaplan,1 for petitioner.                                          
               John C. Schmittdiel, for respondent.                                   


                                       OPINION                                        

               LARO, Judge:  This case was submitted to the Court without             
          trial.  See Rule 122.  The Estate of Dorothy M. Walsh, Deceased,            
          Charles E. Walsh, Personal Representative, petitioned the Court             
          to redetermine respondent's determination of a $291,651                     
          deficiency in Federal estate tax.  We must decide whether certain           
          property is eligible for the marital deduction under section                
          2056(a).  We hold it is not.                                                
               Unless otherwise indicated, section references are to the              
          applicable provisions of the Internal Revenue Code.  Rule                   
          references are to the Tax Court Rules of Practice and Procedure.            
          Decedent references are to Dorothy M. Walsh.  Estate references             
          are to the decedent's estate.                                               
                                     Background                                       
               All facts have been stipulated and are so found.  The                  
          stipulation of facts and the exhibits submitted therewith are               
          incorporated herein by this reference.  The decedent was a U.S.             


               1 Mr. Kaplan, who prepared the subject petition, withdrew as           
          counsel of record on Mar. 4, 1998.                                          



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