Minot v. Commissioner
United States Tax Court
Held, on the facts, appointive assets distributed to takers in default pursuant to an agreement compromising the contest of decedent's will purportedly exercising general powers of appointment over the trust assets are not includable in the gross estate under section 2041, I.R.C. 1954.
1Opinion of the Court
Bruce, Judge:
Respondent determined a deficiency in estate tax in the amount of $337,671.40. Certain issues raised in the pleadings have been conceded by the parties. The sole remaining issue is whether the assets of two trusts are includable in the gross estate.
FINDINGS .OF FACT
Some of the facts have been stipulated. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.
Sedgwick Minot (hereinafter referred to as decedent) died on April 18,1959, in Hollywood, Calif. The Federal estate tax return for the Estate of Sedgwick Minot (hereinafter referred…
2Cases cited13 opinions
- Lyeth v. HoeySupreme Court of the United States · 1938
- Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
- Helvering v. GrinnellSupreme Court of the United States · 1935
- Barrett v. CommissionerUnited States Tax Court · 1954
- In Re Sage's EstateCourt of Appeals for the Third Circuit · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lucille Howard v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1971
- Barrett v. CommissionerUnited States Tax Court · 1991
- Pennsylvania Bank and Trust Company, of the Estate of Ethel S. Brice, Deceased v. United StatesCourt of Appeals for the Third Circuit · 1979
- Estate of Drake v. CommissionerUnited States Tax Court · 1977
- Barrett v. CommissionerUnited States Tax Court · 1991
2 more not listed; retrieve them via the Exa API.