Legal Opinion

Morris v. Commissioner

United States Board of Tax Appeals

Decided August 30, 1938No. Docket No. 89458Published

Power of appointment required by donor to be exercised by will or instrument in the nature thereof, held, validly exercised under the law of Pennsylvania where donee, relinquishing power of disposition, transferred to trustees the remainder interest which was the subject of the power, and the Orphans' Court distributed donor's estate in accordance therewith; held, further, property subject to the power is includable in donee's gross estate where beneficiary expressly claims…

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Power of appointment required by donor to be exercised by will or instrument in the nature thereof, held, validly exercised under the law of Pennsylvania where donee, relinquishing power of disposition, transferred to trustees the remainder interest which was the subject of the power, and the Orphans' Court distributed donor's estate in accordance therewith; held, further, property subject to the power is includable in donee's gross estate where beneficiary expressly claims thereunder. Helvering v. Grinnell,294 U.S. 153, and James C. Webster et al., Executors,38 B.T.A. 273, distinguished.

1Opinion of the Court

ESTATE OF MARY ADELE MORRIS, DECEASED, EVAN MORRIS WILSON, EXECUTOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Morris v. Commissioner

Docket No. 89458.

United States Board of Tax Appeals

38 B.T.A. 408; 1938 BTA LEXIS 868;

August 30, 1938, Promulgated

Power of appointment required by donor to be exercised by will or instrument in the nature thereof, held, validly exercised under the law of Pennsylvania where donee, relinquishing power of disposition, transferred to trustees the remainder interest which was the subject of the power, and the Orphans' Court distributed donor's estate…

2Cases cited3 opinions

  1. Helvering v. GrinnellSupreme Court of the United States · 1935
  2. Webster v. CommissionerUnited States Board of Tax Appeals · 1938
  3. Morris v. CommissionerUnited States Board of Tax Appeals · 1938

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