(DOWNLOAD) "William G. Barnhart Estate" by Supreme Court of New Hampshire # eBook PDF Kindle ePub Free
eBook details
- Title: William G. Barnhart Estate
- Author : Supreme Court of New Hampshire
- Release Date : January 27, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The major issue in this case is concisely stated in Casner, Estate Planning (2d ed.) 1956 and 1959 supp. p. 55, note 25, in the following language: ""Will the surviving spouse's share be based on what is left after payment of debts, funeral and administration expenses, and the estate tax, or on what is left after the payment of debts, funeral and administration expenses but before the payment of the estate tax."" The cases are conflicting as appears from the citations in Casner, pp. 22, 55 and anno. 37 A. L. R. (2d) 7, 56. See Sutter, How to Plan for Apportionment of Estate Taxes (1955 and 1959 supp.) in 2 Lasser, Estate Tax Techniques 2137 (1959). This conflict is due in part to differences in testamentary clauses and variations in state statutes controlling the apportionment of estate taxes and rights of a surviving spouse to elect to take against the provisions of a will. When the widow waived the provisions of her husband's will she was entitled by statute to $7,500 and one-half the remainder above that sum from his personal estate ""remaining after the payment of debts and expenses of administration."" RSA 560:10 II. The meaning of this statute is a matter of state law and not federal tax law. Riggs v. Del Drago, 317 U. S. 95; note, The Role of State Law in Federal Tax Determinations, 72 Harv. L. Rev. 1350 (1959); 2 Rabkin and Johnson, Federal Income, Gift and Estate Taxation, s. 53.04 (5) (1958).