Estate of Ridgway v. Commissioner
United States Tax Court
Decedent created a trust to which he conveyed property in 1930 retaining a secondary right to income and reserving a power to amend the trust. In 1944, decedent relinquished his right to amend the trust. Held, the "transfer" within the meaning of section 811 (c)(1)(B) of the Code of 1939, occurred in 1930, not in 1944, and is, therefore, not includible in decedent's gross estate since it occurred prior to March 4, 1931.
1Opinion of the Court
OPINION.
Fisher, Judge:
This case involves an estate tax deficiency of $104,-017.55, resulting from the inclusion in decedent’s gross estate of property transferred in trust having a value of $205,698.57, at the date of decedent’s death. Inclusion of this property was based upon section 811 (c) (1) (B) of the 1939 Code as amended by section 207(a) of the Technical Changes Act of 1953.
All of the facts are stipulated and are incorporated herein by reference.
Craig Sawyer Ridgway and Ellis Branson Ridgway, Jr., are the executors of the Estate of Ellis Branson Ridgway, Deceased, who died August 13,…
2Cases cited4 opinions
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Cuddihy v. CommissionerUnited States Tax Court · 1959
- Lehman v. CommissionerUnited States Board of Tax Appeals · 1939
- Smith v. United StatesUnited States Court of Claims · 1956
3Cited by24 opinions
- Newcombe v. CommissionerUnited States Tax Court · 1970
- Commissioner of Internal Revenue v. Estate of Ellis Branson Ridgway, Deceased, Craig Sawyer Ridgway and Ellis Branson Ridgway, Jr., ExecutorsCourt of Appeals for the Third Circuit · 1961
- Flitcroft v. CommissionerUnited States Tax Court · 1962
- Commissioner of Internal Revenue v. Estate of Ellie G. Canfield, Deceased, Karl B. Smith, Jr., Administrator, C.T.A.Court of Appeals for the Second Circuit · 1962
- Carlton v. CommissionerUnited States Tax Court · 1960
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