Legal Opinion

Central Hanover Bank & Trust Co. v. Nunan

District Court, E.D. New York

Decided June 20, 1944No. Civil Action No. 3204Published

1Opinion of the Court

CAMPBELL, District Judge.

This is a suit for the recovery of $31,-473.27 alleged to have been illegally collected from the plaintiff as' estate taxes upon the estate of Elizabeth C. G. Russell, deceased. .

An indenture of trust executed by the decedent granted to her sister a life estate upon the decedent’s death; the decedent reserved the right to dispose of the corpus of the trust by her last will and testament.

The question here presented is whether or not the life estate of the sister is subject to estate taxes as a gift to take effect in possession or enjoyment at or after death, within the…

2Cases cited8 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Hassett v. WelchSupreme Court of the United States · 1938
  3. May v. HeinerSupreme Court of the United States · 1930
  4. Klein v. United StatesSupreme Court of the United States · 1931
  5. Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935

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