Estate of Childers v. Commissioner

OPINION.

Van Fossan, Judge:

The question to be determined is whether Ethel K. Childers, by the amendment on January 10, 1936, of the trust indenture of May 16,1932, made a taxable gift of the entire trust estate.

The petitioners admit that the powers retained by the donor prior to January 10, 1936, subjected her to liability for income tax on the trust income, as determined in Ethel K. Childers, 39 B. T. A. 904; affirmed sub nom. Cox v. Commissioner (C. C. A., 10th Cir.), 110 Fed. (2d) 934; certiorari denied, 311 U. S. 667. They likewise admit that under the doctrine of Sanford’s Estate v.…