ESTATE OF RUBIN v. COMMISSIONER

Docket No. 848-70.

57 T.C. 817 (1972)

ESTATE OF ISADORE RUBIN, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed March 20, 1972.


Attorney(s) appearing for the Case

Herbert B. Lebovitz, for the petitioner.

John B. Franklin, for the respondent.


OPINION

DRENNEN, Judge:

Respondent determined a deficiency of $13,978.24 in the Federal estate tax of petitioner. Two issues are presented for our determination: (1) Whether decedent's estate is to be allowed a marital deduction under section 2056 of the Internal Revenue Code of 19541 as a result of his bequest of 50 percent of his residuary estate to a testamentary trust with provisions that the trustees pay his surviving...

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