Legal Opinion

State Street Bank and Trust Company, Executors v. United States

Court of Appeals for the First Circuit

Decided January 22, 1963No. 6056PublishedCited by 31 opinions

1Opinion of the Court

ALDRICH, Circuit Judge.

In this suit for refund of estate taxes the sole question is whether a power in the trustees of a testamentary trust to distribute principal to the testator’s widow as they “in their uncontrolled discretion may deem necessary or advisable for her comfortable support and maintenance and for any other reasonable requirement” made the value of the charitable remainder unascertainable for lack of a definite standard, and henee non-deductible. I.R.C. § 2055 (1954); Newton Trust Co. v. Commissioner, 1 Cir., 1947, 160 F.2d 175. The facts were stipulated. The district court…

2Cases cited16 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. Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
  5. Newton Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947

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

3Cited by31 opinions

  1. Benson v. Wal-Mart Stores East L.P.Court of Appeals for the First Circuit · 2021
  2. Old Colony Trust Company, of the Estate of John H. Cunningham v. United StatesCourt of Appeals for the First Circuit · 1970
  3. Samuel H. Salisbury, as Under the Will of Ora S. Hitchcock v. United StatesCourt of Appeals for the Second Circuit · 1967
  4. United States v. The Commercial National Bank of Kansas City and the Boatmen's National Bank of St. LouisCourt of Appeals for the Tenth Circuit · 1968
  5. Estate of Wood v. CommissionerUnited States Tax Court · 1963

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

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