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ESTATE OF PEYTON v. COMMISSIONER

Docket No. 85293.

21 T.C.M. 1111 (1962)

T.C. Memo. 1962-205

Estate of Hamilton H. Peyton, deceased, John L. Peyton, executor, and Olive Peyton, executrix v. Commissioner.

United States Tax Court.

Filed August 28, 1962.

Attorney(s) appearing for the Case

Royal G. Bouschor, Esq., 917 Torrey Bldg., Duluth, Minn., and Patrick J. McNulty, Esq., for the petitioners. Donald W. Geerhart, Esq., and Willard J. Kiser, Jr., Esq., for the respondent.

Memorandum Opinion

SCOTT, Judge:

Respondent determined a deficiency of $31,492.27 in the estate tax of the Estate of Hamilton H. Peyton.

The issues for decision are:

1. Whether the residuary bequest to Olive Peyton, the surviving wife of Hamilton H. Peyton, qualifies for the marital deduction under the provisions of section 2056 of the Internal Revenue Code of 1954.

2. Whether respondent erred in increasing the value, as reported...

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