Morgan v. Commissioner
United States Board of Tax Appeals
Decedent, a resident of the State of Wisconsin, and the donee of two powers of appointment, died May 3, 1933. The powers were created by decedent's father, a resident also of the State of Wisconsin. The instruments creating the powers provided that the income from the properties was to be paid to decedent for life, remainder "to such person or persons as she may appoint by her last will and testament" or, in case she failed to exercise the powers, "to her issue surviving."
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Decedent, a resident of the State of Wisconsin, and the donee of two powers of appointment, died May 3, 1933. The powers were created by decedent's father, a resident also of the State of Wisconsin. The instruments creating the powers provided that the income from the properties was to be paid to decedent for life, remainder "to such person or persons as she may appoint by her last will and testament" or, in case she failed to exercise the powers, "to her issue surviving." Decedent exercised the powers by will in favor of her husband. Held, under the applicable law of the State of Wisconsin,…
1Opinion of the Court
OPINION.
Arundell :
Petitioner seeks the redetermination of a $43,977.93 deficiency in estate tax. All the issues, except one, have been agreed upon by stipulation and effect will be given thereto under Rule 50. The issue remaining is whether two certain powers of appointment were “general” as determined by respondent, or “special” as contended for by petitioner. The parties filed a stipulation of facts which we incorporate herein by reference and briefly summarize only those facts which are material to a clear understanding of the issue we are to decide.
The decedent, Elizabeth S. Morgan, died…
2Cases cited5 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Dana v. . MurrayNew York Court of Appeals · 1890
- Schomberg v. GaenslenWisconsin Supreme Court · 1927
- In re the Estate of LathersNew York Surrogate's Court · 1930
- Farmers' Loan & Trust Co. v. ShawNew York Supreme Court · 1907
3Cited by2 opinions
- Brown v. CommissionerUnited States Board of Tax Appeals · 1938
- Morgan v. CommissionerUnited States Board of Tax Appeals · 1937