Lee v. Commissioner
United States Tax Court
Held: Decedent, in making transfers of property in trust with income to be paid to his wife "for her maintenance and support," retained the right to have the income used to fulfill his legal obligation of support, and the trust corpus is to be included in the valuation of his gross estate. Commissioner v. Dwight's Estate, 205 F. 2d 298 (C.A. 2), followed.
1Opinion of the Court
Estate of William H. Lee, Deceased, Raymond J. Lee and Manufacturers and Traders Trust Company, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Lee v. Commissioner
Docket No. 73934
United States Tax Court
33 T.C. 1064; 1960 U.S. Tax Ct. LEXIS 185;
March 25, 1960, Filed
Decision will be entered under Rule 50.
Held: Decedent, in making transfers of property in trust with income to be paid to his wife "for her maintenance and support," retained the right to have the income used to fulfill his legal obligation of support, and the trust corpus is to be included in the valuation of…
2Cases cited24 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
- Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1956
- Helvering v. Mercantile-Commerce Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1940
- Phillips v. PhillipsNew York Court of Appeals · 1956
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