Farnum v. Commissioner
United States Tax Court
1. On January 19, 1931, decedent created a trust, reserving the income therefrom to herself and her three children. In February, 1931, she executed a will which disposed of her property in almost identical language with her trust deed. Her motives in executing the trust were associated with life.
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1. On January 19, 1931, decedent created a trust, reserving the income therefrom to herself and her three children. In February, 1931, she executed a will which disposed of her property in almost identical language with her trust deed. Her motives in executing the trust were associated with life. Held, the transfer in trust was not made in contemplation of death and the value of the trust corpus should not be included in decedent's gross estate under section 811 (c), as amended. 2. The remainder interests transferred in trust by decedent consisted of property held for accounting and…
1Opinion of the Court
supplemental opinion.
Aknold, Judge-.
This is the second report in this proceeding. Our first report, 12 T. C. 629, decided this case in accordance with Commissioner v. Church, 335 U. S. 632, and Spiegel v. Commissioner, 335 U. S. 701. So deciding, we passed “the other contentions advanced by the parties.”
On November 25,1949, we granted petitioner’s motion to vacate and reconsider onr decision, for the reason that Public Law 3781 made radical retroactive changes in the rules enunciated in the Chv/rch and Spiegel cases, and respondent had no objections to the motion. Id this report we reconsider…
2Cases cited10 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hopper v. CommissionerUnited States Tax Court · 1954
- Estate of Keating v. KeatingMontana Supreme Court · 1958
- Estate of Keating v. KeatingMontana Supreme Court · 1958
- Estate of Stowe v. CommissionerUnited States Tax Court · 1972
- Estate of Talbot v. CommissionerUnited States Tax Court · 1981
2 more not listed; retrieve them via the Exa API.