Hibbs v. Commissioner
United States Tax Court
The decedent created two trusts in 1928 and died in 1937. The decedent had the first of two life estates in one trust and a secondary life estate in the other. The trusts terminate with the life estates and the principal goes to a sequence of named remaindermen "if living" and if not, to the issue of the last named remaindermen.
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The decedent created two trusts in 1928 and died in 1937. The decedent had the first of two life estates in one trust and a secondary life estate in the other. The trusts terminate with the life estates and the principal goes to a sequence of named remaindermen "if living" and if not, to the issue of the last named remaindermen. Held, under the provisions of section 811 (c) prior to its amendment in 1949, the respondent, on whom rested the burden of proof by reason of affirmative pleadings, has not sustained the burden of showing that there was a possibility of a reversion or a resulting…
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The issue is whether any interest in property transferred by the decedent in trust on June 1, 1928, and on November 20,1928, should be included in his gross estate.
It should be noted at the outset that we are here concerned only with the possibility of a reversionary interest arising by operation of law as opposed to such an interest arising by the express terms of the instrument of transfer. Helvering v. Hallock, 309 U. S. 106, held that where there was an expressly retained reversion in the instrument of transfer, the property so transferred was includible in the…
2Cases cited5 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
- Helvering v. FitchSupreme Court of the United States · 1940
- Payne v. CommissionerUnited States Tax Court · 1942
3Cited by12 opinions
- Tauber v. CommissionerUnited States Tax Court · 1955
- Rolland L. King and Arlene P. King v. United StatesCourt of Appeals for the Fifth Circuit · 1981
- Henry David and Wife, Grace David v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1965
- Service Life Insurance Company v. United StatesDistrict Court, D. Nebraska · 1960
- Ramon Brugat v. Secretario de HaciendaSupreme Court of Puerto Rico · 1962
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