Legal Opinion
Commissioner of Internal Revenue v. Newbold's Estate
Court of Appeals for the Second Circuit
Decided December 6, 1946No. 32, Docket 20252PublishedCited by 11 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The taxpayers are the executors under the will of Thomas Jefferson Newbold, who died on July 5, 1939, a resident of the state of New York. On December 30, 1924 the decedent created a trust of which he named himself and another the trustees. The question presented by the present proceeding is whether the full value, at the time of his death, of the corpus of this trust is required to be included in the settlor’s gross estate under section 811(d) (2) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev. Code, § 811(d) (2), because of the power of the trustees to terminate the…
2Cases cited5 opinions
- Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
- Nettleton v. CommissionerUnited States Tax Court · 1945
- Union Trust Co. of Pittsburgh v. DriscollCourt of Appeals for the Third Circuit · 1943
- Cory v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1942
- Holmes v. CommissionerUnited States Tax Court · 1944
3Cited by11 opinions
- Jennings v. SmithCourt of Appeals for the Second Circuit · 1947
- Hays' Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950
- Du Charme's Estate v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1947
- Estate of Skifter v. CommissionerCourt of Appeals for the Second Circuit · 1972
- In Re Inman's Estate. Shiland v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
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