ESTATE OF NEWMAN v. COMMISSIONER

Docket No. 10523-76.

38 T.C.M. 898 (1979)

T.C. Memo. 1979-223

Estate of O.W. Newman, Jr., Deceased, Adelle B. Newman and Freida N. Miller, Co-Executrices v. Commissioner.

United States Tax Court.

Filed June 6, 1979.


Attorney(s) appearing for the Case

Jack F. Witcher and Carl W. McPherson, Alabama & Oak St., Bremen, Ga., for the petitioner. Stanley H. Smith, Jr., for the respondent.


Memorandum Opinion

TANNENWALD, Judge:

Respondent determined a deficiency of $25,101.12 in petitioner's Federal estate tax. The sole issue for decision is whether purported disclaimers that comply with the requirements of section 2056(d)(2),1 but are invalid under state law, qualify as disclaimers for purposes of determining the marital deduction.

All of the facts have been stipulated. The stipulation of facts, together...

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