Kendrick v. Commissioner
United States Board of Tax Appeals
POWERS OF APPOINTMENT. - Decedent died testate in 1931, a resident of Pennsylvania. By will she exercised certain powers of appointment given to her under the wills of her parents. These powers were general in terms, except only that the instruments creating them prohibited their exercise in favor of decedent's brother, Walter, or his descendants, if any.
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POWERS OF APPOINTMENT. - Decedent died testate in 1931, a resident of Pennsylvania. By will she exercised certain powers of appointment given to her under the wills of her parents. These powers were general in terms, except only that the instruments creating them prohibited their exercise in favor of decedent's brother, Walter, or his descendants, if any. The property passing under the powers was included by respondent in decedent's gross estate under section 302(f), Revenue Act of 1926. Held, the powers were general and not special powers of appointment, if Walter Smith died without issue…
1Opinion of the Court
OPINION.
Hill:
In this proceeding petitioners seek review of respondent’s action in determining a deficiency in Federal estate tax of $23,280.76. The sole issue is whether certain powers of appointment given to Katharine Atlee Smith, under the wills of her mother and father, were general powers of appointment. Katharine Atlee Smith, hereinafter called decedent, died testate on November 24, 1931, a resident of Haverford, Montgomery County, Pennsylvania.
*1041The will of Catharine Smith, decedent’s mother, was executed February 25, 1898, and the fifth paragraph thereof provided as follows:
It is my…
2Cases cited4 opinions
- United States v. UpdikeSupreme Court of the United States · 1930
- Warburton v. WhiteSupreme Court of the United States · 1900
- Forney's EstateSupreme Court of Pennsylvania · 1924
- Twitchell's EstateSupreme Court of Pennsylvania · 1925
3Cited by3 opinions
- Vaughan v. ClausonDistrict Court, D. Maine · 1944
- Clauson v. VaughanCourt of Appeals for the First Circuit · 1945
- Kendrick v. CommissionerUnited States Board of Tax Appeals · 1936