Morris v. Commissioner
United States Board of Tax Appeals
The decedent in her will exercised a power of appointment conferred upon her by the will of her deceased husband as to a portion of the property belonging to his residuary estate and subject to the power of appointment. The appointees, who were the children of the decedent and their issue, took no greater interests in the property by virtue of the appointments than they would have taken under the will of the decedent's husband.
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The decedent in her will exercised a power of appointment conferred upon her by the will of her deceased husband as to a portion of the property belonging to his residuary estate and subject to the power of appointment. The appointees, who were the children of the decedent and their issue, took no greater interests in the property by virtue of the appointments than they would have taken under the will of the decedent's husband. Held, that under the laws of the State of New York the property over which the decedent exercised the power of appointment passed to the appointees under the will of…
1Opinion of the Court
*574OPINION.
Smith:
The question for our determination is whether the property belonging to the residuary estate of Charles Henry Coster over which the decedent exercised the power of appointment in her will is includable in her gross estate.
*575It is provided in section 302 of tbe Revenue Act of 1926, as amended by section 803 (b) of the Revenue Act of 1932, that:
Sec. 302. The value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated—
*******(f) To the extent of any property…
2Cases cited9 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Helvering v. GrinnellSupreme Court of the United States · 1935
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
- In Re the Estate of StewartNew York Court of Appeals · 1892
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3Cited by1 opinion
- Morris v. CommissionerUnited States Board of Tax Appeals · 1939