Legal Opinion

Estate of Kinney v. Commissioner

United States Tax Court

Decided January 31, 1963No. Docket No. 87718Published

Decedent's renunciation of right to stock dividends received and held by trust and to which she was entitled as income beneficiary of the trust under State law, held, a transfer with retained life estate within the meaning of sec. 2036, I.R.C. 1954. Held, also, the stock dividends, which remained in the trust at death, should be included in decedent's estate at actual value.

1Opinion of the Court

Estate of Anna Hart Kinney, Deceased, Irving Trust Company, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Estate of Kinney v. Commissioner

Docket No. 87718

United States Tax Court

39 T.C. 728; 1963 U.S. Tax Ct. LEXIS 201;

January 31, 1963, Filed

Decision will be entered under Rule 50.

Decedent's renunciation of right to stock dividends received and held by trust and to which she was entitled as income beneficiary of the trust under State law, held, a transfer with retained life estate within the meaning of sec. 2036, I.R.C. 1954. Held, also, the stock dividends, which…

2Cases cited17 opinions

  1. Morgan v. CommissionerSupreme Court of the United States · 1940
  2. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  3. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  4. Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
  5. Higgs v. CommissionerUnited States Tax Court · 1949

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