Guenzel v. Commissioner
United States Tax Court
Held, the value of property transferred in trust where settlor retained a secondary life income, is properly includible in settlor's estate, under section 811 (c), I. R. C. 1939, and the doctrine of crossed trusts will not be applied, even though it was applied with respect to a similar trust in the estate of the decedent's wife. Held, further, no deduction will be allowed under section 812 (c) for property previously taxed in another estate within 5 years.
1Opinion of the Court
OPINION.
Mulroney, Judge:
Respondent determined a deficiency in estate tax of the Estate of Carl J. Guenzel in the amount of $32,646.05. Carl J. Guenzel died on March 18, 1951, a resident of Lincoln, Nebraska. His estate was probated in Lincoln and the executors filed their estate tax return on June 16, 1952, with the district director of internal revenue for the district of Nebraska. Respondent determined that decedent had transferred properties having a value of $106,935.01 and this sum should be added to decedent’s gross estate. The correctness of this determination is the question now…
2Cases cited7 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Commissioner of Internal Revenue v. Nathan's EstateCourt of Appeals for the Seventh Circuit · 1947
- Hohensee v. CommissionerUnited States Tax Court · 1956
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Estate of Emerson v. CommissionerUnited States Tax Court · 1977
- Malinowski v. CommissionerUnited States Tax Court · 1979
- Massaglia v. CommissionerUnited States Tax Court · 1959
- Estate of Carl J. Guenzel, Deceased, Ernest Usher Guenzel and Carl Stanley Guenzel, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1958
- Estate of Florence B. Moreno, Deceased, Harriet Moreno Bischoff and St. Louis Union Trust Company, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1958
13 more not listed; retrieve them via the Exa API.