Legal Opinion

Estate of Sowell v. Commissioner

United States Tax Court

Decided August 7, 1980No. Docket No. 14216-78PublishedCited by 8 opinions

Decedent was trustee and life income beneficiary of a testamentary trust created by her husband. The trustee could invade the trust corpus in cases of emergency or illness. Held: Power to invade "in cases of emergency" can include occurrences other than maintenance and/or support and hence can have independent significance. Accordingly, decedent's power to invade corpus was a general power of appointment within the meaning of sec. 2041(a)(2), I.R.C. 1954.

1Opinion of the Court

OPINION

Sterrett, Judge:

By letter dated October 5, 1978, respondent determined a deficiency of $101,104.78 in estate taxes resulting from an adjustment of $319,054.54 increase in the gross estate due to including the corpus of a trust created by Thomas R. Sowell.

A petition for redetermination of the deficiency was filed timely. Thereafter, both parties filed a motion for summary judgment pursuant to Rule 121, Tax Court Rules of Practice and Procedure. Additionally, the Court granted respondent’s motion for leave to file a memorandum brief in support of his motion for summary judgment. Each…

2Cases cited10 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Industrial Trust Co. v. Commissioner of Internal Rev.Court of Appeals for the First Circuit · 1947
  3. Gregg v. GardnerNew Mexico Supreme Court · 1963
  4. St. Louis Union Trust Company, of the Estate of Frank Landwehr, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1967
  5. Strite v. McGinnesCourt of Appeals for the Third Circuit · 1964

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Estate of Ida Maude Sowell, Homer T. Sowell v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1983
  2. Estate of Little v. CommissionerUnited States Tax Court · 1986
  3. Estate of Vissering v. CommissionerUnited States Tax Court · 1991
  4. Estate of Levitt v. CommissionerUnited States Tax Court · 1990
  5. Estate of Levitt v. CommissionerUnited States Tax Court · 1990

3 more not listed; retrieve them via the Exa API.

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