ESTATE OF GELB v. COMMISSIONER

Docket No. 71095.

19 T.C.M. 987 (1960)

T.C. Memo. 1960-187

Estate of Harry Gelb, Rose Gelb, Executrix, Victor Edwin Gelb, Manufacturers Trust Company, Executors v. Commissioner.

United States Tax Court.

Filed September 12, 1960.


Attorney(s) appearing for the Case

Howard A. Rumpf, Esq., 11 West 42nd Street, New York, N. Y., for the petitioner. A. Jesse Duke, Jr., Esq., for the respondent.


Memorandum Opinion

OPPER, Judge:

Respondent determined a deficiency in estate tax of $47,452.06. The sole remaining controversy is whether the deficiency was properly determined by eliminating from the marital deduction claimed on the estate tax return the value of a testamentary trust established by decedent. The parties have each conceded certain items of which account will be taken in the Rule 50 recomputation.

All of the facts were stipulated...

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