ESTATE OF JAEGER v. COMMISSIONER

Docket No. 59064.

27 T.C. 863 (1957)

ESTATE OF ROSE GERBER JAEGER, CARL F. GRAF, ADMINISTRATOR W. W. A., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed February 27, 1957.


Attorney(s) appearing for the Case

Eugene W. Butler, Esq., and Paul Thomas Key, Esq., for the petitioner.

John J. Larkin, Esq., for the respondent.


OPINION.

TIETJENS, Judge:

The Commissioner determined a deficiency in estate tax in the amount of $4,862.98.

The only question for decision is whether the Commissioner properly determined the amount of the marital deduction under section 812 (e) (1) (E), Internal Revenue Code of 1939, by reducing the claimed deduction by the surviving spouse's pro rata share of the Federal estate tax.

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