Legal Opinion

Gartland v. Commissioner

United States Tax Court

Decided August 18, 1960No. Docket No. 81540Published

Decedent's father in 1929 created a trust providing for payment of income for life to decedent in discretion of trustee, and after decedent's death life income to be paid to decedent's wife or children until they reached a stated age at which time principal was to be distributed to them or as they might appoint by will or to their descendants. Decedent was given a general power of appointment to amend or terminate the trust and to change any beneficial interest thereunder.

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Decedent's father in 1929 created a trust providing for payment of income for life to decedent in discretion of trustee, and after decedent's death life income to be paid to decedent's wife or children until they reached a stated age at which time principal was to be distributed to them or as they might appoint by will or to their descendants. Decedent was given a general power of appointment to amend or terminate the trust and to change any beneficial interest thereunder. Decedent, after amending the trust in 1931 and 1938 to require that the entire income be paid to him for life, executed…

1Opinion of the Court

Estate of Leo M. Gartland, Deceased, Matthew Gartland, Administrator, Petitioner, v. Commissioner of Internal Revenue, Respondent

Gartland v. Commissioner

Docket No. 81540

United States Tax Court

34 T.C. 867; 1960 U.S. Tax Ct. LEXIS 90;

August 18, 1960, Filed

Decision will be entered under Rule 50.

Decedent's father in 1929 created a trust providing for payment of income for life to decedent in discretion of trustee, and after decedent's death life income to be paid to decedent's wife or children until they reached a stated age at which time principal was to be distributed to them or as they might…

2Cases cited3 opinions

  1. Groman v. CommissionerSupreme Court of the United States · 1937
  2. Estate of Rogers v. CommissionerSupreme Court of the United States · 1943
  3. Gartland v. CommissionerUnited States Tax Court · 1960

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