Estate of Kinney v. Commissioner
United States Tax Court
Decedent's renunciation of right to stock dividends received and held by trust and to which she was entitled as income beneficiary of the trust under State law, held, a transfer with retained life estate within the meaning of sec. 2036, I.R.C. 1954. Held, also, the stock dividends, which remained in the trust at death, should be included in decedent's estate at actual value.
1Opinion of the Court
TietjeNS, Judge:
The Commissioner determined a deficiency in petitioner’s estate tax of $194,993.07. The parties have settled several issues regarding the deficiency. The remaining issues for decision are: (1) Whether the value of certain stock dividends received by a trust of which petitioner’s decedent was life beneficiary is includable in decedent’s gross estate and, if so, (2) the method of determining the value of these stock dividends.
FINDINGS OF FACT.
The case was submitted upon a complete stipulation of all the facts which we find accordingly. The exhibits attached to the stipulation…
2Cases cited16 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- In Re the Accounting of OsborneNew York Court of Appeals · 1913
- Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
- Higgs v. CommissionerUnited States Tax Court · 1949
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Peterson Marital Trust v. CommissionerUnited States Tax Court · 1994
- Daniel J. Mahoney Jr., of the Estate of James M. Cox Jr. v. United StatesCourt of Appeals for the Sixth Circuit · 1987
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
- Wolder v. CommissionerUnited States Tax Court · 1972
- Estate of Thomson v. CommissionerUnited States Tax Court · 1972
13 more not listed; retrieve them via the Exa API.