Estate of Mitchell v. Commissioner
United States Tax Court
The decedent established an inter vivos trust, appointing his son as trustee, and transferred property thereto with the direction that the trustee should pay over to the decedent's wife during her lifetime such amounts of the net income, and principal of the trust fund if required, as the trustee should in his unrestricted discretion determine to be necessary for the support and maintenance of the decedent's wife, taking into consideration her other sources of income.
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The decedent established an inter vivos trust, appointing his son as trustee, and transferred property thereto with the direction that the trustee should pay over to the decedent's wife during her lifetime such amounts of the net income, and principal of the trust fund if required, as the trustee should in his unrestricted discretion determine to be necessary for the support and maintenance of the decedent's wife, taking into consideration her other sources of income. Held, that the decedent did not retain or reserve the possession or enjoyment of, or right to the income from, the property…
1Opinion of the Court
Estate of Abner W. Mitchell, Deceased, Ella K. Mitchell, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Mitchell v. Commissioner
Docket No. 941-68
United States Tax Court
55 T.C. 576; 1970 U.S. Tax Ct. LEXIS 3;
December 22, 1970, Filed
Decision will be entered under Rule 50.
The decedent established an inter vivos trust, appointing his son as trustee, and transferred property thereto with the direction that the trustee should pay over to the decedent's wife during her lifetime such amounts of the net income, and principal of the trust fund if required, as the trustee…
2Cases cited14 opinions
- Pardee v. CommissionerUnited States Tax Court · 1967
- Helvering v. Mercantile-Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1940
- Conway v. EmenySupreme Court of Connecticut · 1953
- Chrysler v. CommissionerUnited States Tax Court · 1965
- Estate of Jack F. Chrysler, Edith B. Carr, John W. Drye, Jr. And Manufacturers Hanover Trust Company, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1966
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