ESTATE OF DAVENPORT v. COMMISSIONER

Docket No. 84608.

38 T.C. 670 (1962)

ESTATE OF RALPH SLOCUM DAVENPORT, DECEASED, UNITED STATES TRUST COMPANY OF NEW YORK, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed August 20, 1962.


Attorney(s) appearing for the Case

Hyman L. Battle, Jr., Esq., and Charles B. Markham, Esq., for the petitioner.

Dean P. Kimball, Esq., for the respondent.


The Commissioner determined a deficiency of $87,823.69 in estate tax. The only issue for decision relates to the marital deduction. The Commissioner denied the part thereof representing the value of a two-sixths interest in the residuary estate over which the widow was given a testamentary power, and the question is whether she gave up the power in settlement of a will contest.

FINDINGS OF FACT.

The decedent, a citizen of and domiciled in the United States...

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