Boston Safe Deposit & Trust Co. v. Commissioner
United States Board of Tax Appeals
The testator, by will, provided inter alia for annuities of $300 a year, during the life of his three daughters, for every grandchild of his who might be born after his death. A minimum deductible value for a remainder left to charity determined, where it appears that grandchildren can be born with incredible rapidity and in improbable numbers without impairing this value.
1Opinion of the Court
*1163OPINION.
Murdock r
The sole question presented in this case is the amount, if any, which should be deducted in determining the net estate under section 403(a)(3) of the Revenue Act of 1921 to represent the value of the residuary estate which is left to certain charitable organizations. There is no dispute as to the character of the organizations and institutions named as residuary legatees. The provisions of the will do not create a situation where the birth of one child causes a gift over and thereby defeats the gift to charity. Cf. George E. Farrington et al., Executors, 13 B. T. A. 274. The…
2Cases cited2 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Humes v. United StatesSupreme Court of the United States · 1928
3Cited by5 opinions
- Colt v. DugganDistrict Court, S.D. New York · 1938
- Bush v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937
- Jaynes v. CommissionerUnited States Board of Tax Appeals · 1933
- Boston Safe Deposit & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- St. Louis Union Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1931