Estate of Theodore J. Chamberlain - Page 28




                                       - 28 -                                         

               On brief, petitioner acknowledges--and correctly so--that we           
          are not bound by the April 8, 1994, order of distribution of Mrs.           
          Chamberlain's estate issued by the local probate court.  Legal              
          rights and interests in property and transfers thereof are                  
          created and determined by State law, but the manner in which and            
          the extent to which such rights and interests shall be subjected            
          to Federal tax are determined by Federal law.  See Helvering v.             
          Stuart, 317 U.S. 154, 161 (1942); Morgan v. Commissioner, 309               
          U.S. 78 (1940); Estate of Sweet v. Commissioner, 234 F.2d 401               
          (10th Cir. 1956), affg. 24 T.C. 488 (1955); Estate of Bennett v.            
          Commissioner, 100 T.C. at 59; see also Mapes v. United States, 15           
          F.3d 138 (9th Cir. 1994) (Federal law controlled whether                    
          disclaimant had an interest in his mother's estate subject to               
          Federal tax lien, but State law controlled whether disclaimant              
          had any interest in property, lienable or not).  "An order or               
          judgment of a State trial court obtained or entered in a                    
          nonadversarial proceeding is not binding as between one or more             
          parties to such proceeding and the United States with respect to            
          income or estate tax imposed by Federal legislation."  Estate of            
          Bennett v. Commissioner, supra at 60; see also Commissioner v.              
          Estate of Bosch, 387 U.S. 456 (1967); Estate of Sweet v.                    
          Commissioner, supra at 404; Brodrick v. Moore, 226 F.2d 105 (10th           
          Cir. 1955).  Accordingly, we hold that decedent did not disclaim            
          any property in accordance with Oregon law.                                 





Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011