Bank of N.Y. & Trust Co. v. Commissioner
United States Board of Tax Appeals
1. Under the facts in this case, the decedent is held to have been a resident of the United States at date of death. 2. Where, in a trust instrument, the grantor reserves the right to dispose of the corpus of the trust fund by will, and does so dispose of it, the title passes as per the will, and a revocable trust is created, the corpus of which should be included in the gross estate of the decedent.
1Opinion of the Court
BANK OF NEW YORK & TRUST CO., EXECUTOR, ESTATE MARIA CRISTINA MIDENCE FLORES VALENTINE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Bank of N.Y. & Trust Co. v. Commissioner
Docket No. 39037.
United States Board of Tax Appeals
21 B.T.A. 197; 1930 BTA LEXIS 1897;
November 5, 1930, Promulgated
1. Under the facts in this case, the decedent is held to have been a resident of the United States at date of death.
2. Where, in a trust instrument, the grantor reserves the right to dispose of the corpus of the trust fund by will, and does so dispose of it, the title passes as per the will, and…
2Cases cited1 opinion
- Bank of N.Y. & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1930