Katz v. Commissioner
United States Tax Court
The donor established trusts for the benefit of 5 minor grandchildren. Each trust was to last during minority; the trustees were directed to apply the income for the minor's benefit or otherwise pay it over for the beneficiary to his parent or guardian; upon termination the principal was to be paid to the beneficiary. The trustees were also authorized to apply any part of the principal for the maintenance, education, and support of the minor.
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The donor established trusts for the benefit of 5 minor grandchildren. Each trust was to last during minority; the trustees were directed to apply the income for the minor's benefit or otherwise pay it over for the beneficiary to his parent or guardian; upon termination the principal was to be paid to the beneficiary. The trustees were also authorized to apply any part of the principal for the maintenance, education, and support of the minor. A further provision stated that the trustees were to have the same authority with respect to the income and principal as if they were general guardians.…
1Opinion of the Court
OPINION.
Raum, Judge:
Tbe Commissioner determined a deficiency in gift tax for 1951 in tbe amount of $787.50 against each petitioner. Tbe facts bave been stipulated.
Petitioners are husband and wife. In 1951 tbe husband, referred to as tbe donor, created 5 trusts, one for each of bis 5 minor grandchildren, and transferred securitiés worth $6,000 to each. Tbe wife consented to bave tbe gifts considered as having been made to tbe extent of one-balf by each spouse. Tbe question for decision is whether the transfers created only present interests so as to entitle each spouse to an exclusion of…
2Cases cited7 opinions
- Fondren v. CommissionerSupreme Court of the United States · 1945
- Commissioner v. DisstonSupreme Court of the United States · 1945
- Stifel v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1952
- Stifel v. CommissionerUnited States Tax Court · 1951
- United States v. R. W. Baker, United States of America v. Penelope S. BakerCourt of Appeals for the Fourth Circuit · 1956
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thorrez v. CommissionerUnited States Tax Court · 1958
- Babst Services, Inc. v. CommissionerUnited States Tax Court · 1976
- La Fortune v. CommissionerUnited States Tax Court · 1957
- Fred J. La Fortune, Trustee for Suzanne M. Lafortune, Renee Elizabeth Lafortune, and Colette M. Lafortune v. Commissioner of Internal Revenue, Jeanne Lafortune Henry, Trustee for Patrick Joseph Henry, and Carol Jean Henry v. Commissioner of Internal Revenue, J. A. La Fortune v. Commissioner of Internal Revenue, (Two Cases). Lucius La Fortune, Trustee for Daniel Lafortune, and Kathryn Lafortune v. Commissioner of Internal Revenue, Mary Ann Lafortune Wilcox, Trustee for Homer Frank Wilcox, Jr., and Mary Teresa Wilcox v. Commissioner of Internal Revenue, Gertrude L. La Fortune v. Commissioner of Internal Revenue, (Two Cases). Joseph A. La Fortune, Jr., Donee and Transferee of J. A. Lafortune v. Commissioner of Internal Revenue, Joseph A. La Fortune, Jr., Donee and Transferee of Gertrude L. Lafortune v. Commissioner of Internal Revenue, Robert James La Fortune, Donee and Transferee of J. A. Lafortune v. Commissioner of Internal Revenue, Robert James La Fortune, Donee and Transferee of Gertrude L. Lafortune v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1958
- Goehner v. CommissionerUnited States Tax Court · 1957
8 more not listed; retrieve them via the Exa API.