ESTATE OF MARESI v. COMMISSIONER

Docket No. 6783.

6 T.C. 582 (1946)

ESTATE OF POMPEO M. MARESI, MARJORIE D. MARESI, EXECUTRIX, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 26, 1946.


Attorney(s) appearing for the Case

Murray F. Johnson, Esq., for the petitioner.

C. C. Holmes, Esq., for the respondent.


Respondent determined a deficiency in estate tax of $13,492.85. Pompeo M. Maresi, hereinafter referred to as decedent, died on August 12, 1940.

Petitioner having conceded certain adjustments made by respondent, two questions remain for consideration:

(1) May the commuted value of the liability for payments to decedent's divorced wife be deducted from the gross estate?

(2) In the event a deduction is allowable from the gross estate, has petitioner proved...

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