Walter A. Martin v. United States

MURNAGHAN, Circuit Judge:

Here the question is purely one of construction of a testamentary interest, raised by cross-motions for summary judgment, one by a taxpayer, one by the Government. We make the construction to ascertain whether the estate of a decedent, who was a life beneficiary of a testamentary trust with power of appointment, should, for federal estate tax purposes, have included the value of the property subject to the power of appointment. The decedent’s estate paid an estate tax of $14,226.39, which was calculated on the basis that the trust property was includible. However, a…