- 2 - the date of death of Ralph H. Davis (decedent), and all Rule references are to the Tax Court Rules of Practice and Procedure. The issue to be decided in the instant case is whether the interest received by decedent’s surviving spouse in certain property qualifies for the marital deduction pursuant to section 2056. Background The parties submitted the instant case, fully stipulated, without trial, pursuant to Rule 122. The parties’ stipulations of facts are hereby incorporated by this reference and are found as facts in the instant case. Decedent was born on June 1, 1919, and died testate on July 14, 1997, at the age of 78, in Stockton, California. At the time of his death, decedent was a resident of San Joaquin County, California, and a citizen of the United States. During his lifetime, decedent worked for 44 years as an electrical engineer for Westinghouse Corporation. Decedent was survived by his wife, Evelyn L. Kimball Davis (Evelyn Davis). Evelyn Davis, who resides in Stockton, California, is the personal representative of the estate. Decedent was also survived by his two daughters, Carol Tawney Pencke and Mary Martha Bennett. On February 24, 1993, decedent executed a will (1993 will). The 1993 will names decedent’s daughters, Carol Tawney Pencke andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011