Legal Opinion
Old Colony Trust Company, of the Estate of John H. Cunningham v. United States
Court of Appeals for the First Circuit
Decided March 26, 1970No. 7428_1PublishedCited by 33 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
The sole question in this case is whether the estate of a settlor 1 of an inter vivos trust, who was a trustee until the date of his death, is to be charged with the value of the principal he contributed by virtue of reserved powers in the trust. The executor paid the tax and sued for its recovery in the district court. All facts were stipulated. The court ruled for the government, 300 F.Supp. 1032, and the executor appeals.
The initial life beneficiary of the trust was the settlor’s adult son. Eighty per cent of the income was normally to be payable to him, and the…
2Cases cited25 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Newton Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947
- Blodget v. Delaney, CollectorCourt of Appeals for the First Circuit · 1953
20 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. ByrumSupreme Court of the United States · 1972
- Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
- Estate of Lillie MacMunn Stewart, Deceased, W. Alan Henderson v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1971
- Gilbert & Bennett Manufacturing Co. v. Westinghouse Electric Corp.District Court, D. Massachusetts · 1977
- Estate of Gilman v. CommissionerUnited States Tax Court · 1975
28 more not listed; retrieve them via the Exa API.