Hohensee v. Commissioner
United States Tax Court
1. Property transferred by decedent to a trust, in which he reserved a life estate in one half and a reversionary life estate in the other, held includible in his gross estate, with reduction for the value of the prior income interest. 2. Property transferred to the same trust by decedent in an amount equal to that transferred by another, income to be shared, with a residuary life estate to the survivor, held includible in his gross estate. 3. A life interest in income…
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1. Property transferred by decedent to a trust, in which he reserved a life estate in one half and a reversionary life estate in the other, held includible in his gross estate, with reduction for the value of the prior income interest. 2. Property transferred to the same trust by decedent in an amount equal to that transferred by another, income to be shared, with a residuary life estate to the survivor, held includible in his gross estate. 3. A life interest in income passing to the widow, with remainder over to the children, held terminable, not qualifying for the marital deduction. 4. An…
1Opinion of the Court
OPINION.
Opper, Judge:
Respondent determined a deficiency of $7,038.25 in estate tax for the Estate of Herman Hohensee, Sr., deceased. Petitioner claims an overpayment of $5,686.63. The first issue presented is whether the contribution of property to an inter vivos trust, jointly created by decedent and his wife, and the retention of certain income interests therein, require inclusion of any part of the corpus in his gross estate, and if so, what part. If includible, there are further issues of whether the estate is entitled to the marital deduction, and whether certain charitable bequests are…
2Cases cited16 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Industrial Trust Co. v. Commissioner of Internal Rev.Court of Appeals for the First Circuit · 1947
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Luehrmann v. CommissionerUnited States Tax Court · 1959
- Guenzel v. CommissionerUnited States Tax Court · 1957
- Wheeler v. CommissionerUnited States Tax Court · 1956
- Arents v. CommissionerUnited States Tax Court · 1960
- Hubbard v. CommissionerUnited States Tax Court · 1956
17 more not listed; retrieve them via the Exa API.