Legal Opinion

Waldstein v. Commissioner

United States Tax Court

Decided October 31, 1960No. Docket No. 65776Published

Decedent inherited under the will of her mother, Lina Joachim, a 56 per cent interest in her mother's remainder interest in a trust. The funds constituting such remainder interest were, by court order, placed on deposit with a New York City bank and were subsequently vested in the Alien Property Custodian prior to the mother's death. After the mother's death, the Alien Property Custodian procured the transfer of these funds from the New York bank to the Federal Reserve bank.

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Decedent inherited under the will of her mother, Lina Joachim, a 56 per cent interest in her mother's remainder interest in a trust. The funds constituting such remainder interest were, by court order, placed on deposit with a New York City bank and were subsequently vested in the Alien Property Custodian prior to the mother's death. After the mother's death, the Alien Property Custodian procured the transfer of these funds from the New York bank to the Federal Reserve bank. After this transfer decedent died, a nonresident alien not engaged in business in the United States. Held: Section 36…

1Opinion of the Court

Estate of Ruth Waldstein, Deceased, Richard H. Joachim, Beneficiary, Petitioner, v. Commissioner of Internal Revenue, Respondent

Waldstein v. Commissioner

Docket No. 65776

United States Tax Court

35 T.C. 156; 1960 U.S. Tax Ct. LEXIS 31;

October 31, 1960, Filed

Decision will be entered for the petitioner.

Decedent inherited under the will of her mother, Lina Joachim, a 56 per cent interest in her mother's remainder interest in a trust. The funds constituting such remainder interest were, by court order, placed on deposit with a New York City bank and were subsequently vested in the Alien Property…

2Cases cited5 opinions

  1. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  2. Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
  3. Weiss v. CommissionerUnited States Tax Court · 1946
  4. Joachim v. CommissionerUnited States Tax Court · 1954
  5. Waldstein v. CommissionerUnited States Tax Court · 1960

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