Richards v. Commissioner
United States Tax Court
1. Upon the record it is held that a trust created by the decedent is not includible in his gross estate as (a) a transfer in contemplation of death within section 811 (c) (1) (A), Internal Revenue Code, or (b) as a transfer in trust in respect of which the grantor retained the right to income for life within the purview of section 811 (c) (1) (B), Internal Revenue Code, or (c) as a conveyance of insurance policies in trust in which the decedent at the time of his death…
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1. Upon the record it is held that a trust created by the decedent is not includible in his gross estate as (a) a transfer in contemplation of death within section 811 (c) (1) (A), Internal Revenue Code, or (b) as a transfer in trust in respect of which the grantor retained the right to income for life within the purview of section 811 (c) (1) (B), Internal Revenue Code, or (c) as a conveyance of insurance policies in trust in which the decedent at the time of his death possessed incidents of ownership within the meaning of section 811 (g) (2) (B), Internal Revenue Code. 2. An allowance of $…
1Opinion of the Court
OPINION.
Bruce, Judge:
With respect to.the inclusion in gross estate of the value of the inter vivos trust created by the decedent, respondent’s primary contention is that it falls within section 811 (c) (1) (A), Internal Revenue Code,2 as a transfer in contemplation of death. The question as to whether the transfer is of such character is one of fact, and our finding that the transfer was not in contemplation of death answers respondent’s contention.
We think our conclusion upon this question is amply supported by the record. The trust in question was one created by the decedent more than 15…
2Cases cited8 opinions
- Garrett's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Ruthrauff v. CommissionerUnited States Tax Court · 1947
- Heidt v. CommissionerUnited States Tax Court · 1947
- Estate of Garrett v. CommissionerUnited States Tax Court · 1947
- Estate of Hunt v. CommissionerUnited States Tax Court · 1950
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Richards v. CommissionerUnited States Tax Court · 1953