Fleming v. Commissioner
United States Tax Court
A husband and wife conveyed certain community property to the husband as trustee in trust for a named beneficiary. The trustee was vested with the same right to control, manage, sell, and dispose of the trust property as if he were the absolute owner thereof except that neither the title to nor beneficial ownership of the trust property could be reinvested in the grantors without the payment of full and adequate consideration therefor.
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A husband and wife conveyed certain community property to the husband as trustee in trust for a named beneficiary. The trustee was vested with the same right to control, manage, sell, and dispose of the trust property as if he were the absolute owner thereof except that neither the title to nor beneficial ownership of the trust property could be reinvested in the grantors without the payment of full and adequate consideration therefor. Also, the trustee was empowered to make present gifts or to arrange for making gifts in the future to charitable, religious, or educational institutions, and…
1Opinion of the Court
William Fleming, Petitioner, v. Commissioner of Internal Revenue, Respondent
Fleming v. Commissioner
Docket No. 109838
United States Tax Court
3 T.C. 974; 1944 U.S. Tax Ct. LEXIS 107;
June 6, 1944, Promulgated
Decision will be entered under Rule 50.
A husband and wife conveyed certain community property to the husband as trustee in trust for a named beneficiary. The trustee was vested with the same right to control, manage, sell, and dispose of the trust property as if he were the absolute owner thereof except that neither the title to nor beneficial ownership of the trust property could be…
2Cases cited15 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
- Blackmon v. HansenTexas Supreme Court · 1943
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