Legal Opinion

Estate of Ware v. Commissioner

United States Tax Court

Decided October 19, 1970No. Docket No. 5192-68Published

Held: During his lifetime, decedent failed to effectively resign his trusteeships or to release his power under each of the trusts in question to accumulate or distribute the income of the trusts. Consequently, the date-of-death value of the corpus of each of the trusts was includable in his gross estate under secs. 2036 and 2038, I.R.C. 1954.

1Opinion of the Court

Estate of Robert R. Ware, Deceased, Robert R. Ware, Jr., Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Ware v. Commissioner

Docket No. 5192-68

United States Tax Court

55 T.C. 69; 1970 U.S. Tax Ct. LEXIS 52;

October 19, 1970, Filed

Decision will be entered under Rule 50.

Held: During his lifetime, decedent failed to effectively resign his trusteeships or to release his power under each of the trusts in question to accumulate or distribute the income of the trusts. Consequently, the date-of-death value of the corpus of each of the trusts was includable in his gross…

2Cases cited39 opinions

  1. Morgan v. CommissionerSupreme Court of the United States · 1940
  2. United States v. O'MALLEYSupreme Court of the United States · 1966
  3. Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
  4. In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
  5. In Re Estate of BreaultIllinois Supreme Court · 1963

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