Estate of Round v. Commissioner
United States Tax Court
Inter vivos trusts created by decedent under which he retained powers of invasion of corpus and accumulation of income held, on the facts, includable in gross estate, Lober v. United States, 346 U.S. 335 (1953); Estate of Milton C. Budlong, 7 T.C. 756 (1946), followed, notwithstanding that upon decedent's petition a conservator had been appointed, Estate of Edward L. Hurd, 6 T.C. 819 (1946), followed; undistributed trust income accumulated and added to principal, held,…
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Inter vivos trusts created by decedent under which he retained powers of invasion of corpus and accumulation of income held, on the facts, includable in gross estate, Lober v. United States, 346 U.S. 335 (1953); Estate of Milton C. Budlong, 7 T.C. 756 (1946), followed, notwithstanding that upon decedent's petition a conservator had been appointed, Estate of Edward L. Hurd, 6 T.C. 819 (1946), followed; undistributed trust income accumulated and added to principal, held, further, to be includable, Estate of E. A. Showers, 14 T.C. 902 (1950); Estate of Myrtle H. Newberry, 17 T.C. 597 (1951),…
1Opinion of the Court
OPINION
Opper, Judge:
Petitioner states the issues in its opening brief as follows:
1. Were the three trusts established in contemplation of death and thus taxable under Sec. 2035 of the Internal Revenue Code of 1954?
2. In respect of the three trusts, did the decedent at date of death possess the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom and thus make the corpora of the trust taxable under Sec. 2036(a) (2) of the Internal Revenue Code of 1954?
3. In respect of the three trusts was the enjoyment…
2Cases cited18 opinions
- Porter v. CommissionerSupreme Court of the United States · 1933
- Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
- Lober v. United StatesSupreme Court of the United States · 1953
- Industrial Trust Co. v. Commissioner of Internal Rev.Court of Appeals for the First Circuit · 1947
- Atwood v. City of BostonMassachusetts Supreme Judicial Court · 1941
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3Cited by3 opinions
- Charles E. O'malley, Claude C. Alexander and Peter G. Farrow, as Executors of the Will of Edward H. Fabrice, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1965
- Charles E. O'malley, Claude C. Alexander and Peter G. Farrow, as Executors of the Will of Edward H. Fabrice, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1965
- Estate of Round v. CommissionerUnited States Tax Court · 1963