Cuddihy v. Commissioner
United States Tax Court
Held, no part of the corpus of the trust created by the decedent's wife in 1926 is includible in the decedent's gross estate under section 811(c)(1)(B), I.R.C. 1939, because the transfer in trust was made prior to March 4, 1931. Held, further, that the decedent, prior to his death, had relinquished all rights in the trust including any rights to income and possession or enjoyment of the property and consequently section 811(c)(1)(B) is not applicable.
1Opinion of the Court
OPINION.
Withey, Judge:
Respondent determined a deficiency in estate tax in the amount of $207,519.93 for the Estate of Robert J. Cuddihy, Deceased.
The issue presented for our decision is the correctness of the respondent’s action in determining that the value of one-half of the principal of the Emma F. Cuddihy Trust is includible in the decedent’s gross estate under section 811(c) (1) (R) of the Internal Revenue Code of 1939.
All of the facts have been stipulated and are found accordingly.
Robert J. Cuddihy died on December 22,1952. On March 22,1954, a Federal estate tax return for the estate of…
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