McIntosh v. Commissioner
United States Tax Court
1. Estate Tax -- Gross Estate -- Sec. 811 (d) (2). -- Decedent in 1929 through a nominee set up a spendthrift trust for her benefit for life, remainder on death to her then heirs at law. She retained a power to appoint by will which she relinquished in 1943 to avoid estate taxes. Held, the trust was revocable under Missouri law where it was created. Held, further, the power was relinquished in contemplation of death.
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1. Estate Tax -- Gross Estate -- Sec. 811 (d) (2). -- Decedent in 1929 through a nominee set up a spendthrift trust for her benefit for life, remainder on death to her then heirs at law. She retained a power to appoint by will which she relinquished in 1943 to avoid estate taxes. Held, the trust was revocable under Missouri law where it was created. Held, further, the power was relinquished in contemplation of death. Accordingly, the value of the corpus was includible in gross estate. 2. Deductions for Administration Expenses and Claims -- Sec. 812 (b) (5). -- Decedent's estate took a…
1Opinion of the Court
OPINION.
Tietjens, Judge:
Respondent seeks to include in the estate of Mary Lois K. McIntosh the value of the property transferred in trust in 1929, on the ground that decedent was in reality the settlor of the trust and its only beneficiary, and as such she had the power to revoke the trust. Sec. 811 (d) (2), I. R. C. 1939.1 Another ground for inclusion asserted by respondent is that decedent’s relinquishment of the power given her in the deed of trust, of naming in her will the parties to receive the trust property on her death (power of appointment), was in contemplation of death. Sec. 811…
2Cases cited23 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- United States v. WellsSupreme Court of the United States · 1931
- Porter v. CommissionerSupreme Court of the United States · 1933
- Helvering v. City Bank Farmers Trust Co.Supreme Court of the United States · 1935
- Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
18 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
- EMPIRE TRUST COMPANY v. United StatesDistrict Court, D. Connecticut · 1963
- Estate of Lidbury v. CommissionerUnited States Tax Court · 1985
- Estate of Silverman v. CommissionerUnited States Tax Court · 1973
16 more not listed; retrieve them via the Exa API.