Curie v. Commissioner
United States Tax Court
1. Decedent established a trust, reserving the income to himself for the life of his wife. Upon her death the income was to go to decedent's children until they severally reach the age of 30, at which time the corpus was to be distributed to them. If none of the children reached the age of 30 and all of them predeceased decedent's wife, the corpus was to revert to decedent if alive, or to his appointees under his will if he was deceased at the death of his wife.
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1. Decedent established a trust, reserving the income to himself for the life of his wife. Upon her death the income was to go to decedent's children until they severally reach the age of 30, at which time the corpus was to be distributed to them. If none of the children reached the age of 30 and all of them predeceased decedent's wife, the corpus was to revert to decedent if alive, or to his appointees under his will if he was deceased at the death of his wife. Held, the value of the trust property is includible in decedent's gross estate. Fidelity-Philadelphia Trust Co. ( Stinson Estate) v.…
1Opinion of the Court
OPINION.
ARundell, Judge:
The first question presented for decision involves the includibility in the decedent’s gross estate, under the provisions of section 302 (c) of the Revenue Act of 1926 as amended, of the value of the corpus of a trust created by him in 1925. By the terms of the trust instrument the income was to be paid to decedent during his lifetime and after his death to his appointees, as long as his wife should live. Upon the death of his wife the. income was to be paid to or for the benefit of-the three children of decedent until they should severally reach the age of 30,…
2Cases cited5 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Hassett v. WelchSupreme Court of the United States · 1938
- Klein v. United StatesSupreme Court of the United States · 1931
- Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945
- Bradley v. CommissionerUnited States Tax Court · 1943
3Cited by34 opinions
- Stevens Bros. Foundation, Inc. v. CommissionerUnited States Tax Court · 1962
- Estate of Budlong v. CommissionerUnited States Tax Court · 1946
- Davenport v. CommissionerUnited States Tax Court · 1946
- Commissioner of Internal Revenue v. Nathan's EstateCourt of Appeals for the Seventh Circuit · 1947
- Hohensee v. CommissionerUnited States Tax Court · 1956
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