ESTATE OF AVERY v. COMMISSIONER

Docket No. 91493.

40 T.C. 392 (1963)

ESTATE OF OLIVER B. AVERY, DECEASED, MARY HELEN AVERY BRENNAN (FORMERLY MARY HELEN AVERY), AND OLIVER B. AVERY, JR., COEXECUTORS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed May 22, 1963.


Attorney(s) appearing for the Case

Clarence M. Barksdale, and Paul Brackman, for the petitioner.

Sheldon Chertow, for the respondent.


BRUCE, Judge:

The respondent determined a deficiency in estate tax in the amount of $10,239.47. Three issues are presented for decision: (1) Whether for purposes of computing the marital deduction the one-third share of the residue of the property passing to the widow under the will must be reduced by one-third of the Federal estate and State inheritance taxes chargeable to the estate; (2) whether a widow's allowance paid by order of the probate court qualifies...

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