Fleming v. Commissioner
United States Tax Court
A husband and wife conveyed certain community property to the husband as trustee in trust for a named beneficiary. The trustee was vested with the same right to control, manage, sell, and dispose of the trust property as if he were the absolute owner thereof except that neither the title to nor beneficial ownership of the trust property could be reinvested in the grantors without the payment of full and adequate consideration therefor.
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A husband and wife conveyed certain community property to the husband as trustee in trust for a named beneficiary. The trustee was vested with the same right to control, manage, sell, and dispose of the trust property as if he were the absolute owner thereof except that neither the title to nor beneficial ownership of the trust property could be reinvested in the grantors without the payment of full and adequate consideration therefor. Also, the trustee was empowered to make present gifts or to arrange for making gifts in the future to charitable, religious, or educational institutions, and…
1Opinion of the Court
OPINION.
Hill, Judge:
The basic issues raised by the original pleadings are whether petitioner made gifts by reason of the distribution of income from a trust of which he was a donor and the trustee and, if so, whether he is liable for penalties for failure to file gift tax returns. However, petitioner pleads res judicata and estoppel as a bar to the consideration of the basic issues. It is necessary, therefore, to first pass upon these pleas, for, if they can be sustained, then the basic questions become moot.
Petitioner asserts that our decision in Docket No. 110692 is res judi-cata as to the…
2Cases cited13 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
- Blackmon v. HansenTexas Supreme Court · 1943
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fairmont Aluminum Co. v. CommissionerUnited States Tax Court · 1954
- Rife v. CommissionerUnited States Tax Court · 1964
- Milleg v. CommissionerUnited States Tax Court · 1952
- Lawton v. CommissionerUnited States Tax Court · 1951
- Ginsberg v. CommissionerUnited States Tax Court · 1955
16 more not listed; retrieve them via the Exa API.