Estate of Charles Gilman, Deceased v. Commissioner of Internal Revenue

In 1948, Charles Gilman, the decedent, transferred six shares of common stock, representing sixty percent of the outstanding voting power of the Gilman Paper Company, to a trust for the benefit of his children. Gilman was one of three co-trustees of the trust who had the power to vote the shares, as well as chief executive officer of the company. The question presented to us is whether the United States Tax Court was correct in holding that Gilman had not retained the enjoyment of these shares so as to require that they be included in his gross estate under section 2036(a)(1) of the Internal…