ESTATE OF HOLMES v. COMMISSIONER

Docket No. 6323.

5 T.C. 1289 (1945)

ESTATE OF JOHN W. HOLMES, THOMAS P. HEFFERNAN AND FLORENCE LOUISE HOLMES, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated December 21, 1945.


Attorney(s) appearing for the Case

J. Russell Rogerson, Esq., for the petitioners.

Walt Mandry, Esq., for the respondent.


The respondent determined a deficiency in estate tax in the sum of $16,435.52 against the estate of John W. Holmes.

The principal issue in controversy is whether or not the petitioners are entitled to a deduction from gross estate for a residual bequest to a charitable institution. If the principal issue is decided in the petitioners' favor, a further issue arises as to the amount of the present value of the charitable bequest.

The evidence consists of certain...

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