ESTATE OF GRAY v. COMMISSIONER

Docket No. 16326.

14 T.C. 390 (1950)

ESTATE OF SELINA J. GRAY, DECEASED, WILLIAM J. GRAY AND CARLTON R. GRAY, AS EXECUTORS OF THE LAST WILL AND TESTAMENT OF SELINA J. GRAY, DECEASED, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 10, 1950.


Attorney(s) appearing for the Case

Henry D. Costigan, Esq., and Charles G. Heimerdinger, Esq., for the petitioners.

Gerald W. Brooks, Esq., for the respondent.

Charles L. Barnard, Esq., filed brief as amicus curiae.


The respondent determined a deficiency of $112,372 in the estate tax liability of the estate of Selina J. Gray, deceased. The petitioners claim an overpayment of estate tax.

The primary issue is:

Did Selina J. Gray, by electing to accept the provisions in her favor under the will of her deceased husband, make an effective contribution and transfer of her community share in her husband's estate, within the meaning of section 811 (c) of the Internal Revenue...

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