Legal Opinion

Estate of Zentmayer v. Commissioner

United States Tax Court

Decided July 26, 1963No. Docket No. 94756Unpublished

A decedent left his residuary estate in trust with the income payable to his sister for her life. He stated in his will that it was his "desire and intent" that the principal should be available for her "support, maintenance, welfare and comfort."

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A decedent left his residuary estate in trust with the income payable to his sister for her life. He stated in his will that it was his "desire and intent" that the principal should be available for her "support, maintenance, welfare and comfort." He also provided that in order to carry out this intent the trustees might invade the principal "for the purpose of the support, the maintenance, the welfare and comfort of my said sister, and for any other purpose which my trustees shall deem expedient, necessary or desirable for the benefit or use of my said sister." The remainder interest in the…

1Opinion of the Court

Estate of William Zentmayer, Deceased, The First Pennsylvania Banking and Trust Company, Executor v. Commissioner.

Estate of Zentmayer v. Commissioner

Docket No. 94756.

United States Tax Court

T.C. Memo 1963-197; 1963 Tax Ct. Memo LEXIS 147; 22 T.C.M. (CCH) 966; T.C.M. (RIA) 63197;

July 26, 1963

A decedent left his residuary estate in trust with the income payable to his sister for her life. He stated in his will that it was his "desire and intent" that the principal should be available for her "support, maintenance, welfare and comfort." He also provided that in order to carry out this intent the…

2Cases cited16 opinions

  1. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  2. Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
  3. Newton Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947
  4. Jackson's EstateSupreme Court of Pennsylvania · 1940
  5. Kehr WillSupreme Court of Pennsylvania · 1953

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