Legal Opinion

Ballard v. Commissioner

United States Board of Tax Appeals

Decided October 1, 1942No. Docket No. 105033Published

1. Decedent in 1923 established a trust for the benefit of his children, reserving the power to alter, amend, or revoke the trust. In 1924 he relinquished this power to his wife, but provided that if he should survive his wife he would regain the power. Decedent's wife modified the trust and revoked it in part several times prior to decedent's death and was still alive at the date of his death.

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1. Decedent in 1923 established a trust for the benefit of his children, reserving the power to alter, amend, or revoke the trust. In 1924 he relinquished this power to his wife, but provided that if he should survive his wife he would regain the power. Decedent's wife modified the trust and revoked it in part several times prior to decedent's death and was still alive at the date of his death. Held, that decedent's transfer in trust was not within the scope of section 302(c) of the Revenue Act of 1926, as amended, or section 302(d) of the Revenue Act of 1926, as amended. 2. Decedent…

1Opinion of the Court

ESTATE OF EDWARD LATHROP BALLARD, DECEASED, ALDEN C. NOBLE AND ELIZABETH BIGLOW BALLARD, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Ballard v. Commissioner

Docket No. 105033.

United States Board of Tax Appeals

47 B.T.A. 784; 1942 BTA LEXIS 646;

October 1, 1942, Promulgated

1. Decedent in 1923 established a trust for the benefit of his children, reserving the power to alter, amend, or revoke the trust. In 1924 he relinquished this power to his wife, but provided that if he should survive his wife he would regain the power. Decedent's wife modified the trust and revoked…

2Cases cited10 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Helvering v. HallockSupreme Court of the United States · 1940
  3. Hassett v. WelchSupreme Court of the United States · 1938
  4. Porter v. CommissionerSupreme Court of the United States · 1933
  5. Klein v. United StatesSupreme Court of the United States · 1931

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