Legal Opinion
Trust under the Last Will & Testament of McDonald v. Commissioner
United States Tax Court
Decided January 22, 1953No. Docket Nos. 22506, 22507, 30556PublishedCited by 17 opinions
1Opinion of the Court
OPINION.
Tietjens, Judge:
We turn first to that aspect of the cases which cuts across both the estate tax controversy and the income tax problem, i. e., the question of whether the decedent “made a transfer” to Trust 924 within the meaning of section 811 (d) (2) 1 or was the “grantor” of the trust within sections 1662 and 167,3 Internal Revenue Code, the pertinent portions of which appear in the footnotes.
In epitome, the petitioners’ position on this aspect is that the basis of the decedent’s fortune was acquired while the McDonalds were residents of Idaho, a community property state; that all…
2Cases cited11 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Helvering v. CliffordSupreme Court of the United States · 1940
- Converse v. CommissionerUnited States Tax Court · 1945
- Commissioner of Internal Revenue v. BenselCourt of Appeals for the Third Circuit · 1938
- Helvering v. United States Trust Co.Court of Appeals for the Second Circuit · 1940
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gregory v. CommissionerUnited States Tax Court · 1963
- Keller v. CommissionerUnited States Tax Court · 1965
- Estate of McKeon v. CommissionerUnited States Tax Court · 1956
- Nelson v. CommissionerUnited States Tax Court · 1966
- Old Colony Trust Co. v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1964
12 more not listed; retrieve them via the Exa API.