Bank of N.Y. & Trust Co. v. Commissioner
United States Board of Tax Appeals
1. Under the facts in this case, the decedent is held to have been a resident of the United States at date of death. 2. Where, in a trust instrument, the grantor reserves the right to dispose of the corpus of the trust fund by will, and does so dispose of it, the title passes as per the will, and a revocable trust is created, the corpus of which should be included in the gross estate of the decedent.
1Opinion of the Court
*203OPINION.
Love :
In discussing the contested issues in this case, we desire to discuss, first, the issue of residence, vel non, which is involved in assignment of error (b). The term “ residence ” as contemplated by the tax statutes, so far as we have been able to ascertain, has never been construed, or defined, by an all-inclusive .and all-exclusive definition. In fact, it seems that such a definition is impossible. Every case possesses peculiarities different from any other case, and the issue must be decided in the light of the facts peculiar to each case.
One of the fundamental tests to be…
2Cases cited2 opinions
- Williamson v. OsentonSupreme Court of the United States · 1914
- Parish v. . Ulster Delaware R.R. Co.New York Court of Appeals · 1908
3Cited by1 opinion
- Bank of N.Y. & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1930