ESTATE OF BAUERSFELD v. COMMISSIONER

Docket No. 9906-86.

55 T.C.M. 891 (1988)

T.C. Memo. 1988-224

Estate of Melvin S. Bauersfeld, deceased, Virginia R. Bauersfeld, executrix v. Commissioner.

United States Tax Court.

Filed May 19, 1988.


Attorney(s) appearing for the Case

Murray F. Hardesty, 2201 W. 29th St., Topeka, Kan., for the petitioner. Frank M. Schuler, for the respondent.


Memorandum Opinion

FAY, Judge:

Respondent determined a deficiency in petitioner's Federal estate tax in the amount of $114,760.04. The only issue presented is whether section 403(e)(3), Economic Recovery Tax Act of 1981, Pub. L. 97-34, 95 Stat. 305, precludes petitioner from qualifying for an unlimited marital deduction under section 2056.1

The parties submitted this case fully stipulated pursuant to Rule 122. The stipulation...

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