Low v. Commissioner
United States Tax Court
1. Decedent created a trust during her lifetime, reserving the trust income to herself for life. Upon her death the principal was to be paid to her heirs at law and next of kin living at the date of her death, to be divided among them in the same manner as though she had died intestate.
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1. Decedent created a trust during her lifetime, reserving the trust income to herself for life. Upon her death the principal was to be paid to her heirs at law and next of kin living at the date of her death, to be divided among them in the same manner as though she had died intestate. Held, that trust was testamentary in character and was intended to take effect in possession and enjoyment after death, and the trust corpus is includible in decedent's gross estate under the provisions of section 811 (c) of the Internal Revenue Code. 2. Decedent created two separate irrevocable trusts for the…
1Opinion of the Court
Estate of Bertha Low, Deceased, Henry M. Orne and Morristown Trust Company, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Low v. Commissioner
Docket No. 112733
United States Tax Court
2 T.C. 1114; 1943 U.S. Tax Ct. LEXIS 15;
December 13, 1943, Promulgated
Decision will be entered under Rule 50.
1. Decedent created a trust during her lifetime, reserving the trust income to herself for life. Upon her death the principal was to be paid to her heirs at law and next of kin living at the date of her death, to be divided among them in the same manner as though she had died…
2Cases cited25 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Helvering v. HallockSupreme Court of the United States · 1940
- United States v. WellsSupreme Court of the United States · 1931
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Douglas v. WillcutsSupreme Court of the United States · 1935
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