Legal Opinion

Affelder v. Commissioner

United States Tax Court

Decided November 27, 1946No. Docket No. 7430Published

1. Petitioner transferred property in trust. The trustee was to pay certain annuities to her children and the balance of the income was to be paid her for life. At her death the remainder interest was to go to her children. The trust conveyance carried no provision obligating the trust to pay the gift tax arising from the transaction, but after the conveyance all of the parties in interest joined in a direction to the trustee to pay such tax from the trust corpus.

Read the full summary

1. Petitioner transferred property in trust. The trustee was to pay certain annuities to her children and the balance of the income was to be paid her for life. At her death the remainder interest was to go to her children. The trust conveyance carried no provision obligating the trust to pay the gift tax arising from the transaction, but after the conveyance all of the parties in interest joined in a direction to the trustee to pay such tax from the trust corpus. Held, that for the purpose of determining gift tax liability the value of the property transferred can not be reduced by the…

1Opinion of the Court

Estelle May Affelder, Petitioner, v. Commissioner of Internal Revenue, Respondent

Affelder v. Commissioner

Docket No. 7430

United States Tax Court

7 T.C. 1190; 1946 U.S. Tax Ct. LEXIS 29;

November 27, 1946, Promulgated

Decision will be entered for the respondent.

1. Petitioner transferred property in trust. The trustee was to pay certain annuities to her children and the balance of the income was to be paid her for life. At her death the remainder interest was to go to her children. The trust conveyance carried no provision obligating the trust to pay the gift tax arising from the transaction, but…

2Cases cited4 opinions

  1. Du Pont v. CommissionerUnited States Tax Court · 1943
  2. Affelder v. CommissionerUnited States Tax Court · 1946
  3. Anthony v. CommissionerUnited States Tax Court · 1945
  4. Gruen v. CommissionerUnited States Tax Court · 1942

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API