Sinclaire v. Commissioner
United States Tax Court
Decedent's father, as the nominal settlor, created a trust consisting of assets transferred to him by decedent without consideration and for the purpose of enabling him to create such trust for her benefit. Under the trust instrument, decedent was given the income for life and the power to appoint the remainder interests.
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Decedent's father, as the nominal settlor, created a trust consisting of assets transferred to him by decedent without consideration and for the purpose of enabling him to create such trust for her benefit. Under the trust instrument, decedent was given the income for life and the power to appoint the remainder interests. Held, that decedent was the real settlor of the trust and that the value of the trust corpus is includible in her gross estate under the provisions of sections 811 (c) and 811 (d) (2), Internal Revenue Code.
1Opinion of the Court
Estate of Grace D. Sinclaire, Deceased, the First National Bank of Colorado Springs and Reginald Sinclaire, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Sinclaire v. Commissioner
Docket No. 16099
United States Tax Court
13 T.C. 742; 1949 U.S. Tax Ct. LEXIS 40;
November 14, 1949, Promulgated
Decision will be entered for the respondent.
Decedent's father, as the nominal settlor, created a trust consisting of assets transferred to him by decedent without consideration and for the purpose of enabling him to create such trust for her benefit. Under the trust instrument,…
2Cases cited4 opinions
- Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945
- Sinclaire v. CommissionerUnited States Tax Court · 1949
- Estate of Eckhardt v. CommissionerUnited States Tax Court · 1945
- Sweeney v. CommissionerUnited States Tax Court · 1944