Du Pont Testamentary Trust v. Commissioner
United States Tax Court
Held, expenses incurred by a testamentary trust for maintaining an elaborate estate on which the decedent's widow resided as a "lessee" under an arrangement to pay "rent" of $ 1 a year were not deductible under sec. 212, I.R.C. 1954. Held, further, such expenses were similarly not deductible under sec. 642(c), I.R.C. 1954, merely because the estate was to be transferred to a charitable foundation upon the widow's death.
1Opinion of the Court
OPINION
Raum, Judge:
Petitioner is a testamentary trust created under the will of Alfred I. duPont, who died in 1935. He had owned a magnificent estate of some 300 acres in Delaware. In addition to the large “mansion house,” the estate was improved by formal gardens, three manmade lakes, a greenhouse, statuary, large monuments, an elaborate colonnade, a classical temple, an extensive system of roadway's, bridges, walkways, stables, water pumping plants, and various other buildings and structures: A large staff was employed to maintain the property. The entire estate — mansion, grounds, and all…
2Cases cited16 opinions
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Dixon v. United StatesSupreme Court of the United States · 1965
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- International Trading Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1960
- Walet v. CommissionerUnited States Tax Court · 1958
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Meredith v. CommissionerUnited States Tax Court · 1975
- Du Pont Testamentary Trust v. CommissionerUnited States Tax Court · 1976
- Alfred I. Dupont Testamentary Trust v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1975
- Du Pont Testamentary Trust v. CommissionerUnited States Tax Court · 1976
- Du Pont Testamentary Trust v. CommissionerUnited States Tax Court · 1974
1 more not listed; retrieve them via the Exa API.