Hoffenberg v. Commissioner
United States Tax Court
Petitioners' decedent devised his residuary estate in trust. His surviving spouse was entitled for life to all the income from the corpus of the trust with a general power in her to appoint two-thirds of the corpus by will. Held, no part of the transfer in trust qualifies for a marital deduction within section 812 (e) (1) (F), Internal Revenue Code of 1939.
1Opinion of the Court
OPINION.
FisheR, Judge:
All of the facts are stipulated and are incorporated herein by reference. Petitioners’ decedent died testate on October 26, 1949, and was survived by his wife. The pertinent portions of his will provided that his residuary estate was to go to his trustees in trust “to pay the net income thereof to my beloved wife, Esther, during the term of her natural life, in weekly installments.”
The will also provided that if the net income of the trust estate did not amount to at least $100 per week, the trustees were authorized to pay to the wife out of the corpus so much as might…
2Cases cited2 opinions
- US Trust Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Hale, Former Collector of Internal Revenue v. Dominion Nat. Bank Henslee, Collector of Internal Revenue v. Dominion Nat. BankCourt of Appeals for the Sixth Circuit · 1951
3Cited by33 opinions
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Pipe v. CommissionerUnited States Tax Court · 1954
- Shedd v. CommissionerUnited States Tax Court · 1954
- Estate of Ralph G. May, Mildred K. May v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
- Estate of Arthur Sweet, Deceased. Tracy-Collins Trust Company, Administrator v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1956
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