Legal Opinion

Birkbeck v. Commissioner

United States Board of Tax Appeals

Decided October 6, 1942No. Docket No. 106530Published

Decedent created an irrevocable trust in 1903, reserving a life interest. She also retained a power to appoint the remainder by will in the event that her daughter died without issue. Decedent died in 1939. Held, that section 811(c) of the Internal Revenue Code can not be applied to the transfer in trust, which took place prior to the first Federal estate tax statute. Nichols v. Coolidge,274 U.S. 531.

1Opinion of the Court

MABEL SHAW BIRKBECK ESTATE, THE CHASE NATIONAL BANK OF THE CITY OF NEW YORK, SUCCESSOR TRUSTEE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Birkbeck v. Commissioner

Docket No. 106530.

United States Board of Tax Appeals

47 B.T.A. 803; 1942 BTA LEXIS 644;

October 6, 1942, Promulgated

Decedent created an irrevocable trust in 1903, reserving a life interest. She also retained a power to appoint the remainder by will in the event that her daughter died without issue. Decedent died in 1939. Held, that section 811(c) of the Internal Revenue Code can not be applied to the transfer in…

2Cases cited20 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  3. Nichols v. CoolidgeSupreme Court of the United States · 1927
  4. Welch v. HenrySupreme Court of the United States · 1938
  5. Milliken v. United StatesSupreme Court of the United States · 1931

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