ESTATE OF RICE v. COMMISSIONER

Docket No. 1631-62.

41 T.C. 344 (1963)

ESTATE OF ALBERT L. RICE, DECEASED, BOSTON SAFE DEPOSIT AND TRUST COMPANY, EXECUTOR UNDER WILL OF ALBERT L. RICE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

December 6, 1963.


Attorney(s) appearing for the Case

Paul B. Sargent, for the petitioner.

Lawrence A. Wright, for the respondent.


OPINION

ATKINS, Judge:

The respondent determined a deficiency in estate tax in the amount of $2,270.57, based in part upon the reduction, by $3,331.90, of the amount of $145,134.15 claimed as the marital deduction. The only issue presented is whether the respondent erred in making such reduction. All of the facts are stipulated and are incorporated herein by this reference.

The decedent, Albert L....

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