Legal Opinion

Vose v. Commissioner

United States Tax Court

Decided January 30, 1950No. Docket No. 10478Published

Decedent in 1935 created an irrevocable trust, naming himself and two others as trustees. The trust instrument provided that income was payable to him for life, and gave him power, by deed or will, to appoint persons to receive income and principal after his death. It also provided for the execution and delivery by the trustees to the decedent at his request of so-called "certificates of indebtedness" payable to such persons as he should nominate.

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Decedent in 1935 created an irrevocable trust, naming himself and two others as trustees. The trust instrument provided that income was payable to him for life, and gave him power, by deed or will, to appoint persons to receive income and principal after his death. It also provided for the execution and delivery by the trustees to the decedent at his request of so-called "certificates of indebtedness" payable to such persons as he should nominate. Certificates stated that trust was "indebted" to holder in specified sum to be paid out of corpus upon its termination with "interest" at rate of 6…

1Opinion of the Court

Estate of Julien W. Vose, Anna E. Vose, Leroy W. Vose and Donald W. Vose, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent

Vose v. Commissioner

Docket No. 10478

United States Tax Court

14 T.C. 113; 1950 U.S. Tax Ct. LEXIS 290;

January 30, 1950, Promulgated

Decision will be entered under Rule 50.

Decedent in 1935 created an irrevocable trust, naming himself and two others as trustees. The trust instrument provided that income was payable to him for life, and gave him power, by deed or will, to appoint persons to receive income and principal after his death. It also provided for…

2Cases cited8 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Milliken v. United StatesSupreme Court of the United States · 1931
  3. Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
  4. Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
  5. Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945

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