Du Pont Testamentary Trust v. Commissioner
United States Tax Court
Held, upon remand by the Fifth Circuit Court of Appeals to consider an issue not previously presented to this Court, petitioner testamentary trust is not entitled to deductions under section 651 or 661, I.R.C. 1954, in respect of certain expenditures made by it in 1966 or 1967 in connection with the maintenance of property occupied by the decedent's widow (the principal income beneficiary of the testamentary trust) under a certain lease arrangement entered into prior to the…
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Held, upon remand by the Fifth Circuit Court of Appeals to consider an issue not previously presented to this Court, petitioner testamentary trust is not entitled to deductions under section 651 or 661, I.R.C. 1954, in respect of certain expenditures made by it in 1966 or 1967 in connection with the maintenance of property occupied by the decedent's widow (the principal income beneficiary of the testamentary trust) under a certain lease arrangement entered into prior to the decedent's death.
1Opinion of the Court
opinion
Raum, Judge:
This case is now before us on remand from the Fifth Circuit Court of Appeals. Our original opinion, 62 T.C. 36, was accompanied by detailed findings of fact which are incorporated herein by this reference. We set forth below only those facts necessary to an understanding of the issue which we have been directed by the Court of Appeals to resolve.
In 1925, Alfred I. duPont organized Nemours, Inc., a corporation. In exchange for all of the corporation’s stock he transferred to it full title to his elaborate Delaware residential estate known as “Nemours” (consisting of a…
2Cases cited22 opinions
- Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
- Dixon v. United StatesSupreme Court of the United States · 1965
- Caldwell v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. CaldwellCourt of Appeals for the Second Circuit · 1953
- George R. Tollefsen and Margaret A. Tollefsen v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1970
- Union Equity Cooperative Exchange v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1973
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rollert Residuary Trust v. CommissionerUnited States Tax Court · 1983
- Estate of O'Connor v. CommissionerUnited States Tax Court · 1977
- United States Trust Co. v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1986
- Alfred I. DuPont Testamentary Trust v. CommissionerCourt of Appeals for the Fifth Circuit · 1978
- Mahler v. CommissionerUnited States Tax Court · 1987
7 more not listed; retrieve them via the Exa API.