Legal Opinion

Dorsey v. Commissioner

United States Tax Court

Decided December 22, 1952No. Docket No. 24271PublishedCited by 7 opinions

The residue of decedent's estate was placed in trust. The income from the trust, together with so much of the corpus as necessary, was to be used to provide scholarships for the decedent's grandnieces and grandnephews, for the term of the trust. The will also directed payment, out of the residue of the estate, of certain expenses for the benefit of individuals therein designated for so long as they live.

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The residue of decedent's estate was placed in trust. The income from the trust, together with so much of the corpus as necessary, was to be used to provide scholarships for the decedent's grandnieces and grandnephews, for the term of the trust. The will also directed payment, out of the residue of the estate, of certain expenses for the benefit of individuals therein designated for so long as they live. Upon the termination of the trust, 20 years after the last to die of the decedent's six nieces and nephews, the trust estate then remaining was bequeathed to Western Maryland College, in…

1Opinion of the Court

OPINION.

Harron, Judge:

The only question to be decided is whether the petitioner is entitled to deduct from the value of the gross estate under section 812 (d)5 of the Internal Revenue Code all or any part of the sum of $178,731.64 as a bequest for public, charitable, and religious uses. The principal issues are whether the value of the residue of decedent’s estate placed in trust under Item 20 of his will, with the income therefrom and so much of the corpus as may be necessary to be used to provide scholarships at Western Maryland College for the relatives of the decedent, is deductible as a…

2Cases cited6 opinions

  1. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  2. Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
  3. Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
  4. Russell v. AllenSupreme Court of the United States · 1883
  5. Thomason v. CommissionerUnited States Tax Court · 1943

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Davis v. CommissionerUnited States Tax Court · 1970
  2. George W. Griffin, Jr., and William R. Griffin, Co-Executors of the Estate of George W. Griffin, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1968
  3. Estate of Hutchinson v. CommissionerUnited States Tax Court · 1969
  4. Canal National Bank v. United StatesDistrict Court, D. Maine · 1966
  5. Davis v. CommissionerUnited States Tax Court · 1970

2 more not listed; retrieve them via the Exa API.

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