Estate of Marion P. Bradford, Deceased, Lizette L. Pryor, Executrix - Page 16




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                                     Discussion                                       
                  Generally, in computing the estate tax imposed by                   
             section 2001, section 2055(a) allows the amount of all                   
             bequests, legacies, devises, or transfers to or for the use              
             of any corporation organized and operated exclusively for                
             religious or charitable purposes to be deducted from the                 
             value of the decedent's gross estate.  Respondent does not               
             question the fact that a bequest or gift to Millbrook                    
             United Methodist Church is eligible to be deducted under                 
             section 2055(a).  Only the amount of the deduction is at                 
             issue in this case.                                                      
                  If the tax imposed by section 2001 or any inheritance               
             tax is payable out of the charitable bequests, then section              
             2055(c) limits the amount of the deduction to the amount of              
             such bequests reduced by the amount of the taxes.  Section               
             2055(c) provides as follows:                                             

                       SEC. 2055(c) Death Taxes Payable Out of                        
                  Bequests.--If the tax imposed by section 2001,                      
                  or any estate, succession, legacy, or inheritance                   
                  taxes, are, either by the terms of the will, by                     
                  the law of the jurisdiction under which the                         
                  estate is administered, or by the law of the                        
                  jurisdiction imposing the particular tax, payable                   
                  in whole or in part out of the bequests,                            
                  legacies, or devises otherwise deductible under                     
                  this section, then the amount deductible under                      
                  this section shall be the amount of such                            
                  bequests, legacies, or devises reduced by the                       
                  amount of such taxes.                                               







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