Sheaffer v. Commissioner
United States Tax Court
Estate Tax -- Power of Appointment -- Section 811 (f). -- Decedent had created an inter vivos trust, with retained power to alter or revoke; his wife left her residuary estate to the trust; after her death he altered the terms of the trust, and the Orphans' Court of Pennsylvania ordered distribution of the wife's residuary estate to the trust to be administered in accordance with the trust as amended.
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Estate Tax -- Power of Appointment -- Section 811 (f). -- Decedent had created an inter vivos trust, with retained power to alter or revoke; his wife left her residuary estate to the trust; after her death he altered the terms of the trust, and the Orphans' Court of Pennsylvania ordered distribution of the wife's residuary estate to the trust to be administered in accordance with the trust as amended. Held, decedent had and exercised a general power of appointment over his wife's residuary estate within the meaning of section 811 (f).
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined a deficiency in estate tax of $11,772.71. The issue for decision is whether the decedent had a power of appointment over property which the Commissioner included in the gross estate under section 811 (f). The facts have been stipulated. The amount of the deduction for attorneys’ fees is to be agreed to under Rule 50.
Charles M. Sheaffer, the decedent, died on December 3, 1943. An estate tax return for his estate was filed with the collector of internal revenue for the first district of Pennsylvania.
The decedent, while residing in Delaware…
2Cases cited2 opinions
- Fidelity Title & Trust Co. v. GrahamSupreme Court of Pennsylvania · 1918
- McKallip's EstateSupreme Court of Pennsylvania · 1936
3Cited by6 opinions
- Estate of Showers v. CommissionerUnited States Tax Court · 1950
- Estate of Margrave v. CommissionerUnited States Tax Court · 1978
- Estate of Margrave v. CommissionerUnited States Tax Court · 1978
- Estate of Margrave v. CommissionerUnited States Tax Court · 1978
- Estate of Showers v. CommissionerUnited States Tax Court · 1950
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