Ruxton v. Commissioner
United States Tax Court
1. Estate Tax -- Reciprocal or Crossed Trusts. -- Where the facts and circumstances surrounding the creation of trusts by the decedent and her husband on the same date show that they were not interdependent or in consideration of each other and lacked a quid pro quo of substantially the same degree of beneficial right or control, held, that the reciprocal or crossed trust doctrine is not applicable. 2. Id. -- Deduction. -- Allowed in amount of reasonable estimate of fee for…
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1. Estate Tax -- Reciprocal or Crossed Trusts. -- Where the facts and circumstances surrounding the creation of trusts by the decedent and her husband on the same date show that they were not interdependent or in consideration of each other and lacked a quid pro quo of substantially the same degree of beneficial right or control, held, that the reciprocal or crossed trust doctrine is not applicable. 2. Id. -- Deduction. -- Allowed in amount of reasonable estimate of fee for services of special guardian which will be paid prior to the executor's final accounting.
1Opinion of the Court
OPINION.
Tietjens, Judge:
The issue presented in this proceeding arises out of the respondent’s determination whereby he has included in the decedent’s gross estate a portion of the value of property separately owned by her husband and transferred by him to two irrevocable trusts on August 19, 1935, as to each of which a daughter was the primary life income beneficiary and the decedent was the contingent income beneficiary for life if she survived the daughter. The respondent valued the decedent’s interest in the two trusts created by her husband (with each value as of June 16, 1949, the…
2Cases cited7 opinions
- Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Cole's Estate v. Com'r of Internal RevenueCourt of Appeals for the Eighth Circuit · 1944
- Hanauer's Estate v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1945
- In Re Lueders'estateCourt of Appeals for the Third Circuit · 1947
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Harold O. McLain Etc. v. John R. Jarecki, Individually, Etc.Court of Appeals for the Seventh Circuit · 1956
- Ruxton v. CommissionerUnited States Tax Court · 1953