Estate of Rolin v. Commissioner
United States Tax Court
Decedent's husband was grantor of an inter vivos trust in which the grantor reserved the income for life with power of revocation.
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Decedent's husband was grantor of an inter vivos trust in which the grantor reserved the income for life with power of revocation. Upon grantor's death, the trust res was to be divided into trust A (marital trust) and trust B. Decedent was to receive the income of trust A and trust B for life and was granted a power of appointment as to the principal of trust A. Upon the death of her husband, followed by her death, pursuant to authority in her will, decedent's executor purported to renounce her interest in trust A. Held, the renunciation was effective and decedent's interest in trust A is not…
1Opinion of the Court
OPINION
Quealy, Judge:
Respondent determined a deficiency in the amount of $74,435.80 in petitioner’s estate tax. In an amendment to his answer, respondent determined that this amount should be increased to $99,280.98.
The only issues for decision are as follows:(1) Whether the disclaimer and renunciation by the decedent’s executors of decedent’s interest in the marital deduction trust created by decedent’s husband was effective so as to exclude the value of that trust from decedent’s taxable estate;(2) Whether decedent had a general power of appointment over the assets of the nonmarital trust…
2Cases cited16 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- First National Bank of Montgomery v. United StatesDistrict Court, M.D. Alabama · 1959
- Hardenbergh v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Eighth Circuit · 1952
- King v. CommissionerUnited States Tax Court · 1962
- Horace S. Miller, Jr. And Isabel M. Campbell, Co-Executors of the Estate of Isabella Steel Miller, Deceased v. United StatesCourt of Appeals for the Third Circuit · 1968
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- 21 Employee Benefits Cas. 1762, Pens. Plan Guide (Cch) P 23937u R. Scott Nickel, as Plan Benefit Administrator of the Thrift Plan of Phillips Petroleum Company Thrift Plan of Phillips Petroleum Company, Plaintiffs-Counter v. Estate of Lurline Estes, Defendant-Cross Estate of Annie J. Layman, Defendant-Counter Claimant-Appellant, Clifford D. Estes Lisa C. Williams, Defendants-Cross Tom Fowler C.W. Fowler R.L. Layman Barbara Peeples, Defendants-Counter Claimants-AppellantsCourt of Appeals for the Fifth Circuit · 1997
- Estate of Genevieve Rolin, Deceased, Haydee Rolin and Marine Midland Bank New York, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1978
- Jewett v. CommissionerUnited States Tax Court · 1978
- Estate of Pfohl v. CommissionerUnited States Tax Court · 1978
- Estate of La Sala v. CommissionerUnited States Tax Court · 1979
14 more not listed; retrieve them via the Exa API.