Friedman v. Commissioner
United States Tax Court
The decedent created an irrevocable trust in 1930, at the age of 72, for the benefit of nephews and nieces and their children. She died in 1942 at the age of 85 and was survived by all of the nephews and nieces and their children who were living in 1930. The decedent retained a life estate in the trust, trust income being payable to her, but she did not retain any reversionary interest in the trust corpus.
Read the full summary
The decedent created an irrevocable trust in 1930, at the age of 72, for the benefit of nephews and nieces and their children. She died in 1942 at the age of 85 and was survived by all of the nephews and nieces and their children who were living in 1930. The decedent retained a life estate in the trust, trust income being payable to her, but she did not retain any reversionary interest in the trust corpus. No other remaindermen were named to take the trust assets in the event the grantor survived all of the designated remaindermen. Held, that the value of the trust corpus is not to be…
1Opinion of the Court
OPINION.
HaRkon, Judge:
Respondent contends that the corpus of the trust is ineludible in the decedent’s gross estate under the terms of section 811 (c) of the Internal Revenue Code.1
The only question for our determination is whether the corpus of the trust is includible in the decedent’s gross estate as a transfer intended to take effect in possession or enjoyment at or after her death within the meaning of section 811 (c).
The trust agreement was irrevocable and the decedent retained no right to alter, amend, or modify the provisions thereof. The grantor of the tru§t made no provision for a…
2Cases cited13 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- May v. HeinerSupreme Court of the United States · 1930
- Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945
- Commissioner v. Estate of FieldSupreme Court of the United States · 1945
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bradley v. CommissionerUnited States Tax Court · 1947
- Bradley v. CommissionerUnited States Tax Court · 1947
- Estate of Adrian H. Larkin v. CommissionerUnited States Tax Court · 1947
- Estate of George P. Rhodes v. CommissionerUnited States Tax Court · 1947
- Estate of Gilliat v. CommissionerUnited States Tax Court · 1947
1 more not listed; retrieve them via the Exa API.