Legal Opinion

Champlin v. Commissioner

United States Tax Court

Decided February 27, 1946No. Docket Nos. 8273, 8287Published

1. In 1928 decedent created a trust under the terms of which the X trust company, as trustee, was empowered to pay over to decedent or his wife during their lifetimes such portion of the principal of the fund as the trustee in its sole discretion should deem necessary for decedent's or his wife's comfort, maintenance, or benefit in such amount as should not be inconsistent with suitable provision for them during the balance of the term of their probable lives.

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1. In 1928 decedent created a trust under the terms of which the X trust company, as trustee, was empowered to pay over to decedent or his wife during their lifetimes such portion of the principal of the fund as the trustee in its sole discretion should deem necessary for decedent's or his wife's comfort, maintenance, or benefit in such amount as should not be inconsistent with suitable provision for them during the balance of the term of their probable lives. At decedent's death none of the principal of the fund had been used for that purpose. Held, the value of the trust is includible in…

1Opinion of the Court

Malcolm D. Champlin, Administrator C. T. A. of the Property of the Estate of Harry C. Orndorff, Petitioner, v. Commissioner of Internal Revenue, Respondent. Worcester County Trust Company (Successor to Worcester Bank & Trust Company) Trustee and Transferee of Property of Harry C. Orndorff, Petitioner, v. Commissioner of Internal Revenue, Respondent

Champlin v. Commissioner

Docket Nos. 8273, 8287

United States Tax Court

6 T.C. 280; 1946 U.S. Tax Ct. LEXIS 287;

February 27, 1946, Promulgated

Decisions will be entered under Rule 50.

1. In 1928 decedent created a trust under the terms of which the X…

2Cases cited8 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Hassett v. WelchSupreme Court of the United States · 1938
  3. Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  4. Becker v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  5. Rosenwasser v. CommissionerUnited States Tax Court · 1945

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