Estate of Harry Prudowsky, Deceased, Vivian Prudowsky, Administratrix v. Commissioner of Internal Revenue

At death decedent held assets as custodian for his minor children under the Wisconsin Uniform Gifts to Minors Act. 2 Decedent had been donor of the assets. The tax court held 3 the assets to be includible in decedent’s estate under both sections 2036 and 2038(a) (1) of the 1954 Internal Revenue Code. 4 The facts and reasoning are set forth in the tax court decision. We affirm.

On appeal, taxpayer has again stressed the contention that although the statutory terms of his custodianship reserved to him the power to use the assets to discharge his own obligation of support (thus bringing § 2036…