Hamilton National Bank of Knoxville v. United States
Decision Date | 17 December 1965 |
Docket Number | No. 16071.,16071. |
Parties | HAMILTON NATIONAL BANK OF KNOXVILLE, Executor of the Estate of John Edd Bradley, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. |
Court | U.S. Court of Appeals — Sixth Circuit |
Benjamin M. Parker, Atty., Dept. of Justice, Washington, D. C., for appellant, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., on the brief, John Reddy, U. S. Atty., David E. Smith, Asst. U. S. Atty., Knoxville, Tenn., of counsel.
H. H. McCampbell, Jr., Knoxville, Tenn., for appellee.
Before CELEBREZZE, Circuit Judge, and CONNELL* and MACHROWICZ**, District Judges.
On March 19, 1961, John Bradley died testate, survived by his wife, Dora Bradley, and two minor children by a former marriage. On April 11, 1961, Dora Bradley filed her dissent from the will of her deceased husband. In conformity with T.C.A., Section 30-802, the widow then filed an application for a year's support. The amount of $8,400. was set apart as the widow's year's support. The executor of the estate of John Bradley filed a federal estate tax return. Included in the amount of the marital deduction from the gross estate of the decedent was the $8,400. year's support. This deduction was disallowed and a deficiency of $1,548.78 was paid. In this suit to recover the assessment, the District Court, in its opinion reported in 229 F.Supp. 885 (1964), held the executor of the estate of John Bradley was entitled to a refund of federal estate taxes in the amount of $1,548.78. The United States appeals.
We are here concerned with the applicability of the marital deduction to the widow's year's support. The availability of the year's support to the surviving spouse under state law is not in doubt.
The sole question presented by this appeal is whether, under Tennessee law, a widow's interest in a statutory year's support constitutes a "terminable interest" within the purview of Section 2056 (a), (b) (1) of the 1954 Internal Revenue Code, and consequently fails to qualify for the marital deduction.
Section 2056(a), (b) (1), 1954 Internal Revenue Code provides:
Congress has indicated that, other than the enumerated exceptions to the terminable interest rule, Section 2056(a), (b) (1) was intended to be "all encompassing with respect to various kinds of contingencies and conditions". Sen. Rept. No. 1013 (Part 2) 80th Congress, 2d Sess., Pg. 7.
The Supreme Court in Jackson v. United States, 376 U.S. 503, 84 S.Ct. 869, 11 L.Ed.2d 871 (1964), held that in order for the widow's allowance to qualify for the marital deduction, and thus escape the terminable interest limitation, the widow's interest in the year's support must be indefeasible and unconditional as of the moment of the decedent's death. The critical factor in applying the terminable interest rule is the possibility under state law of the failure of an interest rather than the actual failure. In most states, the widow's year's support is subject to a number of contingencies at the time of the husband's death, each of which may render the interest terminable.1
If under state law the right to receive the allowance terminates upon the occurrence of such contingencies as the death or remarriage of the widow, the widow's interest is terminable under Section 2056(a), (b) (1). Jackson v. United States, supra, Cunha's Estate v. Commissioner of Internal Revenue, 279 F.2d 292 (C.A.9, 1960); United States v. Quivey, 292 F.2d 252 (C.A.8, 1961); Darby v. Wiseman, 323 F.2d 792 (C.A. 10, 1963); United States v. Edmondson, 331 F.2d 676 (C.A.5, 1964); The Second National Bank of New Haven v. United States, 222 F.Supp. 446 (D.C., Conn., 1963).
Where the widow has an absolute right at the date of death to the year's support, and the right is not extinguished by death or remarriage, the following courts have held the widow's support is not a terminable interest. Estate of Avery v. Commissioner of Internal Revenue, 40 T.C. 392 (1963); Rensenhouse v. Commissioner of Internal Revenue, 31 T.C. 818 (1959); Molner v. United States, 175 F.Supp. 271 (D.C., Ill., 1959); and Estate of Reynolds v. United States, 189 F.Supp. 548 (D.C., Mich., 1960).
Many states, such as Tennessee, require the surviving spouse to dissent from the will and apply for the year's support before the widow is entitled to the year's support. The fact that a petition by the widow is a prerequisite to granting a widow's year's support has been held not to render the widow's interest terminable. Rensenhouse v. Commissioner of Internal Revenue, supra, and Molner v. United States, supra. In Rensenhouse, the Court said:
"The invocation of the proper legal procedures is required with regard to widow\'s allowances in most jurisdictions, and if this were a relevant factor in considering the applicability of Section 812(e) (1) (b) it would almost universally preclude the allowance as a marital deduction of amounts expended in accordance with the local law for support of the surviving spouse of the decedent."
Similar to the widow's dissent and application for the year's support is the widow's dissent and application for compensation in lieu of dower. It has been uniformly held the compensation qualifies for the marital deduction, and invoking the necessary legal procedures to enforce the right is not a condition or contingency precedent to its existence. United States v. Crosby, 257 F.2d 515 (C.A.5, 1958); Dougherty v. United States, 292 F.2d 331 (C.A.6, 1961); United States v. Hiles, 318 F.2d 56 (C.A. 5, 1963); First National Bank of Roanoke v. United States, 335 F.2d 91 (C.A.4, 1964); Moore v. United States, 214 F.Supp. 603 (D.C., Ky., 1963); Wachovia Bank and Trust Co. v. United States, 234 F.Supp. 897 (D.C., N.C., 1964); Tax Regulations, Sec. 20.2056 (e)-2(c).2
To hold that an interest is terminable only because legal procedures are invoked to enforce an interest which is otherwise vested at the date of the husband's death, is to hold that all elective rights, such as the widow's allowance and the statutory interest in lieu of dower, are disqualified as marital deductions.3 However, this question need not be answered here for under Tennessee law, as we construe it, the widow does not have a vested right to the year's allowance at the date of her husband's death.
The applicable provisions of the Tennessee Code provide:
Pursuant to Section 30-802, when a husband dies testate the widow must first dissent from her husband's will before she applies for the widow's support. Section 30-803 gives absolutely to the widow the money and property set apart for her support. The support vests absolutely when the property is set apart. Bayless v. Bayless, 44 Tenn. 359 (1867); and Webb v. Brandon, 51 Tenn. 285 (1871).
Section 30-805 makes provision for the support of the children when the widow dies before the year's support is set apart. This section makes it clear that if the widow dies before the year's support is set apart, the widow's estate does not have a right to the year's support. Rather, upon the contingency of the widow's death prior to a setting apart of the year's support, a right of support under certain circumstances inures to the benefit of the minor children.4 Implicit in this section is the fact the widow has a terminable interest in the year's support until it is set apart.5
Significantly, the comparative legislation for Section 30-802 refers to N.Car. Gen.Stat., Section 30-15 and Section 30-20. Prior to the 1961 amendments these two sections provided:
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