Donnelly v. Commissioner
United States Board of Tax Appeals
The decedent created a trust the income of which was payable to his wife, with the provision that she should use it for their family and joint living expenses and for her own maintenance and support, among other things. Held, that the amount distributable to the wife upon the death of the husband was not properly included in his gross estate under section 302(c) of the Revenue Act of 1926, as amended by section 803(a) of the Revenue Act of 1932.
1Opinion of the Court
*1238OPINION.
Murdock. :
This trust was not a revocable trust within the meaning of section 802 (d) of the Revenue Act of 1926, as amended by section 401 of the Revenue Act of 1934. That section, as amended, provides for the inclusion in the gross estate of property transferred in trust by the decedent, “where the enjoyment thereof is subject at the date of his death to any change through the exercise of a power, either by the decedent alone or in conjunction with any person, to alter, amend, or revoke.” The decedent reserved no power to alter or amend. He purported to reserve the power to revoke…
2Cases cited12 opinions
- Douglas v. WillcutsSupreme Court of the United States · 1935
- May v. HeinerSupreme Court of the United States · 1930
- Klein v. United StatesSupreme Court of the United States · 1931
- Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
- Becker v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Helvering v. Mercantile-Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1940
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Estate of Beckwith v. CommissionerUnited States Tax Court · 1970
- Lee v. CommissionerUnited States Tax Court · 1960
- Chrysler v. CommissionerUnited States Tax Court · 1965
5 more not listed; retrieve them via the Exa API.