Moore v. Commissioner
United States Board of Tax Appeals
Where a person transfers property to a trustee under an indenture of trust which provides that the income shall be paid to the settlor for life and that upon his death the corpus shall be paid over to whomsoever the settlor leaves real estate located in a particular place under his last will and testament, the settlor has not made a gift of the remainder interest within the purview of section 501 of the Revenue Act of 1932 as amended by section 511 of the Revenue Act of 1934.
1Opinion of the Court
OPINION.
Smith :
This is a proceeding for the redetermination of deficiencies in gift tax for 1984 and 1985 in the respective amounts of $87,768.18 and $3,649.68. The petition alleges that the respondent erred (1) in including $654,531.62 representing the alleged remainder interest in a transfer made by the petitioner to a trustee on December 3, 1934, under the provisions of which she was to receive the income for her life and upon her death the corpus should be paid over to whomsoever she should devise her real estate at Pride’s Crossing, Massachusetts, and (2) that the respondent erred in the…
2Cases cited8 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Vincent v. RixNew York Court of Appeals · 1928
- Curry v. . PowersNew York Court of Appeals · 1877
- In Re the Transfer Tax Upon Certain Trusts Made by BostwickNew York Court of Appeals · 1899
- In re the Estate of BabcockNew York Surrogate's Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Beck v. CommissionerUnited States Board of Tax Appeals · 1940
- Moore v. CommissionerUnited States Board of Tax Appeals · 1939