Estate of Clack v. Commissioner

106 T.C. 131 (1996)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Estate of Clack v. Commissioner

United States Tax Court
106 T.C. 131 (1996)

Facts

Willis Clack’s will stated that Clack expected his executor to (1) give Clack’s widow a lifetime income interest in certain property and (2) claim the marital tax deduction for the property by electing to treat the property as qualified terminable interest property (QTIP) on the estate’s estate-tax return. However, Clack’s will also stated that the executor could choose to transfer the property to a family trust if unforeseen circumstances made the transfer a better move. At Clack’s death, the executor chose to give the lifetime income interest to Clark’s widow and to treat the property as QTIP. The commissioner of Internal Revenue (commissioner) (defendant) determined that the executor had been given a power of appointment over the property that made it ineligible for QTIP treatment even though the executor had appointed the property to Clack’s widow. Clack’s estate (plaintiff) petitioned the United States Tax Court for a determination that the property was eligible for QTIP treatment and deductible.

Rule of Law

Issue

Holding and Reasoning (Wells, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership