ESTATE OF KENNY v. COMMISSIONER

Docket No. 15462.

11 T.C. 857 (1948)

ESTATE OF ANNA FINLEY KENNY, FRANKLIN A. KENNY, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 29, 1948.


Attorney(s) appearing for the Case

Andrew Koerner, Esq., and Frank H. Spears, Esq., for the petitioner.

Robert G. Harless, Esq., for the respondent.


The Commissioner determined a deficiency of $16,196.33 in estate tax, in part by disallowing a deduction of $58,095.81 claimed on account of bequests of remainder interests in a testamentary trust to 10 charities, on the ground that trust corpus could be invaded if necessary for the support of a life beneficiary and hence the amount which the charities might ultimately receive was uncertain and contingent. Petitioner assails the disallowance, contending that under the circumstances...

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