Hibbs v. Commissioner
United States Tax Court
The decedent created two trusts in 1928 and died in 1937. The decedent had the first of two life estates in one trust and a secondary life estate in the other. The trusts terminate with the life estates and the principal goes to a sequence of named remaindermen "if living" and if not, to the issue of the last named remaindermen.
Read the full summary
The decedent created two trusts in 1928 and died in 1937. The decedent had the first of two life estates in one trust and a secondary life estate in the other. The trusts terminate with the life estates and the principal goes to a sequence of named remaindermen "if living" and if not, to the issue of the last named remaindermen. Held, under the provisions of section 811 (c) prior to its amendment in 1949, the respondent, on whom rested the burden of proof by reason of affirmative pleadings, has not sustained the burden of showing that there was a possibility of a reversion or a resulting…
1Opinion of the Court
Estate of William Beale Hibbs, Deceased, American Security and Trust Company, Trustee and Transferee, Petitioner, v. Commissioner of Internal Revenue, Respondent. Estate of William Beale Hibbs, Deceased, Transferor, John S. Flannery, Trustee and Transferee, Petitioner, v. Commissioner of Internal Revenue, Respondent
Hibbs v. Commissioner
Docket Nos. 111541, 111542
United States Tax Court
16 T.C. 535; 1951 U.S. Tax Ct. LEXIS 264;
February 28, 1951, Promulgated
Decisions will be entered under Rule 50.
The decedent created two trusts in 1928 and died in 1937. The decedent had the first of two life…
2Cases cited6 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
- Helvering v. FitchSupreme Court of the United States · 1940
- Hibbs v. CommissionerUnited States Tax Court · 1951
1 more not listed; retrieve them via the Exa API.