Lee v. Commissioner
United States Tax Court
Held: Decedent, in making transfers of property in trust with income to be paid to his wife "for her maintenance and support," retained the right to have the income used to fulfill his legal obligation of support, and the trust corpus is to be included in the valuation of his gross estate. Commissioner v. Dwight's Estate, 205 F. 2d 298 (C.A. 2), followed.
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The respondent determined an estate tax deficiency in the amount of $86,435.05.
Petitioners’ present assignments of errors are as follows:
4. * * *(a) The determination that the decedent retained any interest or power of any character, whether by way of discharge of his legal obligations or otherwise, in a certain trust created by the decedent under trust agreement dated November 23, 1945.(b) The inclusion of the property constituting said trust under said trust agreement in decedent’s gross estate under §811 (c) of the Internal Revenue Code of 1939.
*******(d) The…
2Cases cited23 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
- Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1956
- Helvering v. Mercantile-Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1940
- Phillips v. PhillipsNew York Court of Appeals · 1956
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Estate of Mitchell v. CommissionerUnited States Tax Court · 1970
- Estate of Gokey v. CommissionerUnited States Tax Court · 1979
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Estate of Gokey v. CommissionerUnited States Tax Court · 1979
4 more not listed; retrieve them via the Exa API.