Legal Opinion

Nelson v. Commissioner

United States Tax Court

Decided December 9, 1966No. Docket No. 978-64Published

Pursuant to a divorce settlement agreement, decedent created a trust whereby his former wife, Helen, was to receive all or a portion of the income from the trust property and was further given alternative rights to receive, or make a testamentary disposition of, certain portions of the corpus. Decedent retained a contingent interest and decedent's issue were given a contingent remainder in portions of the corpus. Decedent and Helen had no issue at the time of their divorce.

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Pursuant to a divorce settlement agreement, decedent created a trust whereby his former wife, Helen, was to receive all or a portion of the income from the trust property and was further given alternative rights to receive, or make a testamentary disposition of, certain portions of the corpus. Decedent retained a contingent interest and decedent's issue were given a contingent remainder in portions of the corpus. Decedent and Helen had no issue at the time of their divorce. Decedent retained a power to alter or amend the trust agreement in conjunction with Helen. Held, the value of the…

1Opinion of the Court

Estate of Donald M. Nelson, Deceased, Lena M. Nelson, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Nelson v. Commissioner

Docket No. 978-64

United States Tax Court

47 T.C. 279; 1966 U.S. Tax Ct. LEXIS 8;

December 9, 1966, Filed

Decision will be entered under Rule 50.

Pursuant to a divorce settlement agreement, decedent created a trust whereby his former wife, Helen, was to receive all or a portion of the income from the trust property and was further given alternative rights to receive, or make a testamentary disposition of, certain portions of the corpus. Decedent retained…

2Cases cited18 opinions

  1. Harris v. CommissionerSupreme Court of the United States · 1950
  2. Helvering v. HelmholzSupreme Court of the United States · 1935
  3. Gregory v. CommissionerUnited States Tax Court · 1963
  4. Glen v. CommissionerUnited States Tax Court · 1966
  5. United States v. Howard Past, of the Estate of Edna C. Rosedale Ogg, DeceasedCourt of Appeals for the Ninth Circuit · 1965

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