Middlekauff v. Commissioner
United States Tax Court
Where an irrevocable trust instrument provides that upon the death of the life beneficiary the income shall be paid to the trustor for life and that upon the death of the survivor the "trust shall cease and determine, and all property then in the hands of the Trustee shall vest in and be delivered to those persons to whom said property shall be given, bequeathed or devised by the last Will and Testament of the survivor" and the trustor dies first, the value of the…
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Where an irrevocable trust instrument provides that upon the death of the life beneficiary the income shall be paid to the trustor for life and that upon the death of the survivor the "trust shall cease and determine, and all property then in the hands of the Trustee shall vest in and be delivered to those persons to whom said property shall be given, bequeathed or devised by the last Will and Testament of the survivor" and the trustor dies first, the value of the reversionary interest in the trust property is includable in his gross estate.
1Opinion of the Court
OPINION.
Smith, Judge:
The principal question presented by these proceedings is whether the value of the property in the hands of the trustee of the trust created by the decedent on January 3, 1928, is includable in his gross estate. The respondent has so included it in his determination of the deficiency in accordance with his interpretation of section 811 of the Internal. Revenue Code, the pertinent parts of which are as follows:
SEC. 811. GROSS ESTATE.
Tbe value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or…
2Cases cited2 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- United States v. WellsSupreme Court of the United States · 1931
3Cited by18 opinions
- Frances Biddle Trust v. CommissionerUnited States Tax Court · 1944
- Huntington Nat'l Bank v. CommissionerUnited States Tax Court · 1949
- Estate of Rainger v. CommissionerUnited States Tax Court · 1949
- Hanch v. CommissionerUnited States Tax Court · 1952
- Jacobs v. CommissionerUnited States Tax Court · 1947
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