Martin v. Commissioner
United States Tax Court
Decedent's great-grandfather created a testamentary trust. Decedent's mother had a life estate in and a testamentary power of appointment over a portion of the income and corpus of the trust. She predeceased decedent. Decedent died without issue before the end of the trust. Whether decedent's estate had any interest in income of the trust until it ended depends upon whether decedent's mother effectively exercised her power, and, also, upon construction of her appointment.
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Decedent's great-grandfather created a testamentary trust. Decedent's mother had a life estate in and a testamentary power of appointment over a portion of the income and corpus of the trust. She predeceased decedent. Decedent died without issue before the end of the trust. Whether decedent's estate had any interest in income of the trust until it ended depends upon whether decedent's mother effectively exercised her power, and, also, upon construction of her appointment. Held, that decedent's mother effectively exercised her power; that she intended that upon decedent's death without issue…
1Opinion of the Court
Estate of Sergeant Price Martin, Deceased, Philip Price, Adrian Block, Reuben Brost, Nelson C. Brown, and Alice Baker Brown, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent
Martin v. Commissioner
Docket No. 42069
United States Tax Court
23 T.C. 725; 1955 U.S. Tax Ct. LEXIS 258;
January 27, 1955, Filed
Decision will be entered under Rule 50.
Decedent's great-grandfather created a testamentary trust. Decedent's mother had a life estate in and a testamentary power of appointment over a portion of the income and corpus of the trust. She predeceased decedent. Decedent died without…
2Cases cited18 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
- Freuler v. HelveringSupreme Court of the United States · 1934
- Uterhart v. United StatesSupreme Court of the United States · 1916
- Helvering v. BullardSupreme Court of the United States · 1938
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