Legal Opinion

Sherman v. Commissioner

United States Tax Court

Decided October 7, 1947No. Docket No. 10175PublishedCited by 15 opinions

Estate Tax -- Section 811 (c) -- Right to Income -- Support Trust for Wife. -- Where trust gave decedent no right to require that trust income be used to support wife, argument that 811 (c) applies is unwarranted.

1Opinion of the Court

OPINION.

Murdock, Judge:

The Commissioner determined a deficiency of $9,870 in estate tax. The only issue for. decision is whether the gross estate should include the value of 1,316 shares of Seaman Paper Co. stock which the decedent had transferred in trust during his life. The facts have been stipulated.

The decedent died on October 9, 1941, while residing in Illinois. The return was filed with the collector of internal revenue for the first district of Illinois.

The decedent created a trust on August 20,1935, and transferred to it 1,316 shares of Seaman Paper Co. common stock. The trustees…

2Cases cited1 opinion

  1. Douglas v. WillcutsSupreme Court of the United States · 1935

3Cited by15 opinions

  1. Dwight v. CommissionerUnited States Tax Court · 1952
  2. Graham v. CommissionerUnited States Tax Court · 1966
  3. Lee v. CommissionerUnited States Tax Court · 1960
  4. Resch v. CommissionerUnited States Tax Court · 1953
  5. The Colonial-American National Bank of Roanoke, of the Estate of Eustace B. Stone, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1957

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