Legal Opinion
Peoples Trust Co. v. United States
Court of Appeals for the Third Circuit
Decided June 27, 1969No. 17399PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
STAHL, Circuit Judge.
Peoples Trust Company of Bergen County, as executor under the Will of Elsie Downer O’Brien, initiated this refund suit to recover estate taxes paid to the United States. The sole issue presented is whether decedent’s power to invade the principal of a trust, the decedent also being the income beneficiary, was a power of appointment limited by an ascertainable standard relating to the health, education, support or maintenance of decedent within the meaning of § 2041(b) (1) (A) of the Internal Revenue Code of 1954.1
In his will,2 the relevant provisions…
2Cases cited18 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
- President of the Manhattan Co. v. ArmourSupreme Court of New Jersey · 1953
- Commissioner of Internal Revenue v. Estate of Harry A. Ellis, Deceased, Helen R. Ellis, Bernard B. Largman and Dan Denenberg, ExecutorsCourt of Appeals for the Third Circuit · 1958
- Horace S. Miller, Jr. And Isabel M. Campbell, Co-Executors of the Estate of Isabella Steel Miller, Deceased v. United StatesCourt of Appeals for the Third Circuit · 1968
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3Cited by4 opinions
- Peoples Trust Company Of Bergen County v. United StatesCourt of Appeals for the Third Circuit · 1969
- Pennsylvania Bank & Trust Co. v. United StatesDistrict Court, W.D. Pennsylvania · 1978
- Durst v. United StatesDistrict Court, W.D. Pennsylvania · 1976
- Hyde v. United StatesDistrict Court, D. New Hampshire · 1996