Legal Opinion

Clement v. Commissioner

United States Tax Court

Decided July 13, 1949No. Docket No. 12521PublishedCited by 1 opinion

Where trustees of a testamentary trust made unauthorized loans totaling $ 202,500 from the trust corpus to the life beneficiary, and the beneficiary repaid only $ 163,500 of the advances during her life, held, upon the facts, that the trustees had a valid claim under local law to recover the balance of $ 39,000 from the life beneficiary's estate, which was deductible under section 812 (b) of the Internal Revenue Code in computing her estate tax.

1Opinion of the Court

OPINION.

Hill, Judge:

Trustees of the testamentary trust of Stephen M. Clement made payments out of trust corpus totaling $202,500 to decedent, Carolyn J. Clement, during the years from 1919 through 1939. She in turn paid the trust a total of $163,500 over the period from 1920 through 1941. The sole question for our determination is whether the assignees of the surviving trustees of the Stephen M. Clement trust had a valid claim for the balance of $39,000 against decedent’s estate which the latter might deduct under section 812 (b) of the code in computing its estate tax. By the express…

2Cases cited6 opinions

  1. Blair v. CommissionerSupreme Court of the United States · 1937
  2. Freuler v. HelveringSupreme Court of the United States · 1934
  3. Moss v. . CohenNew York Court of Appeals · 1899
  4. In re the Estate of JonesNew York Surrogate's Court · 1935
  5. In re the Estate of WellsNew York Surrogate's Court · 1937

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3Cited by1 opinion

  1. Clement v. CommissionerUnited States Tax Court · 1949

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