Broderick v. Commissioner
United States Board of Tax Appeals
Held, where in 1919 and 1930, several years prior to her death and while she was in good health, decedent conveyed property by irrevocable trusts to a trustee in order (a) to protect a family trust in the latter's hands, (b) to relieve herself from management of the properties conveyed, and (c) to assure to herself the income from the trust corpus during the remainder of her life, the transfer was not made in contemplation of death; held, further, the fact that decedent…
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Held, where in 1919 and 1930, several years prior to her death and while she was in good health, decedent conveyed property by irrevocable trusts to a trustee in order (a) to protect a family trust in the latter's hands, (b) to relieve herself from management of the properties conveyed, and (c) to assure to herself the income from the trust corpus during the remainder of her life, the transfer was not made in contemplation of death; held, further, the fact that decedent reserved to herself the income from the trust during her lifetime and provided for distribution of its income and corpus…
1Opinion of the Court
*1426OPINION.
Black:
The parties are in accord as to the principal facts, but disagree as to the legal implications arising from them. The law presumes, however, that the respondent correctly construed the facts in the first instance when he determined the deficiency and the burden is upon the petitioner to overcome that presumption.
The petitioner contends that the facts established in the record negative “contemplation of death” as an impelling motive in causing the decedent to transfer her property to the trustee under the indentures dated July 19, 1919, and October 21, 1930. We think petitioner…
2Cases cited3 opinions
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- May v. HeinerSupreme Court of the United States · 1930
- Colorado National Bank v. CommissionerSupreme Court of the United States · 1938
3Cited by1 opinion
- Broderick v. CommissionerUnited States Board of Tax Appeals · 1938