Estate of Douglass v. Commissioner
United States Tax Court
Property transferred by decedent during his lifetime to trustees, not including himself, with discretion in the trustees to apply the income to the maintenance, education and support of decedent-grantor's minor child, held, not includible in decedent's gross estate. Helvering v. Mercantile-Commerce Bank & Trust Co. (Estate of Paul F. Donnelly), (C. C. A., 8th Cir.), 111 Fed. (2d) 224; certiorari denied, 310 U.S. 654, distinguished.
1Opinion of the Court
OPINION.
Opper, Judge:
Petitioner disputes the correctness of a deficiency in estate tax determined in the amount of $43,228.93. The facts are stipulated and are found accordingly. The estate tax return was filed with the collector of internal revenue for the Newark, New Jersey, division. The question is whether the corpus of a trust created by the decedent during his lifetime for the benefit of a minor child is includible in the gross estate by reason of provisions permitting the trustees to “apply the income of such share, or so much thereof as the Trustees may deem advisable, to or for the…
2Cases cited2 opinions
- Helvering v. StuartSupreme Court of the United States · 1942
- Douglas v. WillcutsSupreme Court of the United States · 1935
3Cited by22 opinions
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Dwight v. CommissionerUnited States Tax Court · 1952
- Trust by Beugler v. CommissionerUnited States Tax Court · 1943
- Lee v. CommissionerUnited States Tax Court · 1960
- Commonwealth Trust Co. of Pittsburgh v. United StatesDistrict Court, W.D. Pennsylvania · 1951
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