Grossman v. Commissioner
United States Tax Court
Estate Tax -- Gross Estate -- Principal of Inter Vivos Trust Includible in Gross Estate -- Enjoyment Subject at Date of Death to Any Change Through Exercise of a Power Alone or in Conjunction With Others to Alter, Amend, or Revoke. -- Decedent created a trust for the benefit of her three children, naming herself as sole trustee.
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Estate Tax -- Gross Estate -- Principal of Inter Vivos Trust Includible in Gross Estate -- Enjoyment Subject at Date of Death to Any Change Through Exercise of a Power Alone or in Conjunction With Others to Alter, Amend, or Revoke. -- Decedent created a trust for the benefit of her three children, naming herself as sole trustee. As trustee she had the right under paragraph III to apply to the use of any beneficiary so much of principal as she should deem advisable, in her sole and uncontrolled discretion. The trust also provided in paragraph IX that upon written request of a majority of the…
1Opinion of the Court
OPINION.
Ratjm, Judge:
Respondent has determined a deficiency in estate tax in the amount of $34,612.47 with respect to the Estate of Carrie Grossman, who died in 1951. The sole issue is whether the principal of a trust established by her in 1930 is includible in her gross estate under section 811 (d) (2) of the Internal Revenue Code of 1939. The facts have been stipulated.
On December 20, 1930, the decedent created a trust for the benefit of her three adult children (Lillian G. Lignante, Trixy G. Lewis, and William Leonard Grossman) naming herself as the sole trustee. The term of the trust was…
2Cases cited6 opinions
- Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
- Matter of WentworthNew York Court of Appeals · 1920
- Lober v. United StatesSupreme Court of the United States · 1953
- Du Charme's Estate v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1947
- Thorp's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Varian v. CommissionerUnited States Tax Court · 1966
- Estate of Round v. CommissionerUnited States Tax Court · 1963
- Estate of Pielet v. CommissionerUnited States Tax Court · 1963
- Estate of Round v. CommissionerUnited States Tax Court · 1963
- Estate of Round v. CommissionerUnited States Tax Court · 1963
2 more not listed; retrieve them via the Exa API.