Estate of Goodwyn v. Commissioner
United States Tax Court
The decedent established inter vivos trusts for various members of his family, reserving to the trustees broad powers of management and control with respect to both investments and distributions.
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The decedent established inter vivos trusts for various members of his family, reserving to the trustees broad powers of management and control with respect to both investments and distributions. Held: The de facto control excercised by the decedent as a result of the acquiescence of unrelated trustees was not a right to designate the persons who shall possess or enjoy the property or the income therefrom wtihin the meaning of sec. 2036(a) (2), I.R.C 1954. United States v. Byrum, 408 U.S. 125 (1972), followed. Held, further: Secs. 2033 and 2038 are not applicable. 2 The decedent's wife…
1Opinion of the Court
ESTATE OF HILTON W. GOODWYN, Deceased, STATE-PLANTERS BANK OF COMMERCE AND TRUSTS and HILTON W. GOODWYN, JR., Co-Executors, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Estate of Goodwyn v. Commissioner
Docket No. 480-67.
United States Tax Court
T.C. Memo 1973-153; 1973 Tax Ct. Memo LEXIS 132; 32 T.C.M. (CCH) 740; T.C.M. (RIA) 73153;
July 16, 1973, Filed
The decedent established inter vivos trusts for various members of his family, reserving to the trustees broad powers of management and control with respect to both investments and distributions. Held: The de facto control excercised…
2Cases cited19 opinions
- Holland v. United StatesSupreme Court of the United States · 1955
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- United States v. ByrumSupreme Court of the United States · 1972
- Commissioner v. Estate of NoelSupreme Court of the United States · 1965
- United States v. Rhode Island Hospital Trust CompanyCourt of Appeals for the First Circuit · 1966
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sue Ann Hunter, Marie Joyce Kotsonis, L. Fargo Richardson and the L. F. Richardson Foundation v. The United States of AmericaCourt of Appeals for the Eighth Circuit · 1980
- Estate of Gilman v. CommissionerUnited States Tax Court · 1975
- Estate of Gilman v. CommissionerUnited States Tax Court · 1975
- Estate of Goodwyn v. CommissionerUnited States Tax Court · 1976