Legal Opinion

Comer v. Commissioner

United States Tax Court

Decided March 25, 1959No. Docket No. 65301Published

1. Decedent by will left his residuary estate in trust, giving his surviving spouse the right to all the income therefrom for life, and the right to withdraw installments of principal in any amounts she might deem advisable for her maintenance, comfort, and general welfare. Remainders over in third persons were then provided. Held, under Ohio law the interest of the surviving spouse was a terminable one.

Read the full summary

1. Decedent by will left his residuary estate in trust, giving his surviving spouse the right to all the income therefrom for life, and the right to withdraw installments of principal in any amounts she might deem advisable for her maintenance, comfort, and general welfare. Remainders over in third persons were then provided. Held, under Ohio law the interest of the surviving spouse was a terminable one. Held, further, the surviving spouse did not possess a power of appointment over the interest granted her exercisable in all events within the meaning of section 812(e)(1)(F) of the 1939 Code,…

1Opinion of the Court

Estate of Elwood Comer, Deceased, Joseph E. Comer, Administrator de bonis non with the will annexed, Petitioner, v. Commissioner of Internal Revenue, Respondent

Comer v. Commissioner

Docket No. 65301

United States Tax Court

31 T.C. 1193; 1959 U.S. Tax Ct. LEXIS 214;

March 25, 1959, Filed

Decision will be entered under Rule 50.

1. Decedent by will left his residuary estate in trust, giving his surviving spouse the right to all the income therefrom for life, and the right to withdraw installments of principal in any amounts she might deem advisable for her maintenance, comfort, and general welfare.…

2Cases cited12 opinions

  1. Morgan v. CommissionerSupreme Court of the United States · 1940
  2. Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  3. Pipe v. CommissionerUnited States Tax Court · 1954
  4. Tax Commission v. OswaldOhio Supreme Court · 1923
  5. Tarver v. CommissionerUnited States Tax Court · 1956

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API