Dwight v. Commissioner
United States Tax Court
Held, that where decedent, in making transfers of property in trust with income to be paid to his wife retained no right to have income applied towards her support, he did not retain the right to the possession, enjoyment or income from the property and the trusts are not includible in the valuation of his gross estate.
1Opinion of the Court
OPINION.
Hill, Judge:
The sole issue presented concerns the question whether the values of the whole or any part of the corpora of two trusts created by the decedent, one in 1931 and the other in 1935, are includible in decedent’s gross estate. No issue has been raised that the transfers were made in contemplation of death.
It is respondent’s position that the decedent retained the enjoyment of the transferred property or the income therefrom during his lifetime, thereby rendering the values of the trusts includible in decedent’s gross estate under the applicable provisions of the internal…
2Cases cited7 opinions
- Helvering v. Mercantile-Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1940
- Helfrich's Estate v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1944
- Estate of Douglass v. CommissionerUnited States Tax Court · 1943
- Commissioner of Internal Revenue v. DOUGLASS'ESTATECourt of Appeals for the Third Circuit · 1944
- Sherman v. CommissionerUnited States Tax Court · 1947
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ferrer v. CommissionerUnited States Tax Court · 1961
- Pardee v. CommissionerUnited States Tax Court · 1967
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Commission of Internal Revenue v. Dwight's EstateCourt of Appeals for the Second Circuit · 1953
- Estate of McKeon v. CommissionerUnited States Tax Court · 1956
11 more not listed; retrieve them via the Exa API.