ESTATE OF McGILLICUDDY v. COMMISSIONER

Docket No. 3032-67.

54 T.C. 315 (1970)

ESTATE OF PHYLLIS W. McGILLICUDDY, JOHN T. McGILLICUDDY, EXECUTOR, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed February 17, 1970.


Attorney(s) appearing for the Case

Chester M. Howe, for the petitioner.

Robert B. Dugan, for the respondent.


FORRESTER, Judge:

Respondent has determined a deficiency in Federal estate tax in the amount of $51,498.91.

The sole remaining issue for decision is whether the Estate of Phyllis W. McGillicuddy is entitled to a charitable deduction for the value of the remainder interest of a trust. It is respondent's contention that the value of the remainder interest was not presently ascertainable at the date of death of decedent and therefore not severable from...

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