Birkbeck v. Commissioner
United States Board of Tax Appeals
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
- Helvering v. HallockSupreme Court of the United States · 1940
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Welch v. HenrySupreme Court of the United States · 1938
- Milliken v. United StatesSupreme Court of the United States · 1931
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