First National Bank v. United States

GIGNOUX, District Judge.

This is an action for refund of federal estate taxes in the amount of $16,267.56, with interest, brought by the administrator of the estate of Myrta B. Robinson, who died on September 19, 1962. The only question presented is whether or not the decedent retained at her death a power to “alter, amend, revoke, or terminate” a trust created by her in 1954, so that the corpus of the trust was properly included in her gross estate by reason of Section 2038(a) (1) of the *214Internal Revenue Code of 1954, 26 U.S.C. § 2038(a) (l).1

The facts have been stipulated and are as follows:…