Legal Opinion

Estate of Marshall v. Commissioner

United States Tax Court

Decided February 4, 1969No. Docket Nos. 147-67, 1178-68Published

In December 1930 decedent transferred securities valued at $ 374,790 to her husband. He promised to make full restitution, and did so by the conveyance of property worth $ 616,021.66 to two trusts, created on Mar. 10 and 17, 1931, under which decedent was given the life income therefrom plus general testamentary powers of appointment over the corpora, with a gift in default of exercise of the powers to her intestate heirs. In 1943 decedent released her powers.

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In December 1930 decedent transferred securities valued at $ 374,790 to her husband. He promised to make full restitution, and did so by the conveyance of property worth $ 616,021.66 to two trusts, created on Mar. 10 and 17, 1931, under which decedent was given the life income therefrom plus general testamentary powers of appointment over the corpora, with a gift in default of exercise of the powers to her intestate heirs. In 1943 decedent released her powers. Held: In substance and practical effect decedent transferred property to the trusts to the extent of her claim for restitution against…

1Opinion of the Court

Estate of Dora N. Marshall, Deceased, Charles D. Marshall, Aiken W. Fisher, and Continental Bank and Trust Company, Executors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Marshall v. Commissioner

Docket Nos. 147-67, 1178-68

United States Tax Court

51 T.C. 696; 1969 U.S. Tax Ct. LEXIS 197;

February 4, 1969, Filed

Decisions will be entered under Rule 50.

In December 1930 decedent transferred securities valued at $ 374,790 to her husband. He promised to make full restitution, and did so by the conveyance of property worth $ 616,021.66 to two trusts, created on Mar. 10 and 17,…

2Cases cited47 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  3. Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
  4. Lyon v. AlexamderSupreme Court of Pennsylvania · 1931
  5. Gregory v. CommissionerUnited States Tax Court · 1963

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