Legal Opinion

Estate of McGillicuddy v. Commissioner

United States Tax Court

Decided February 17, 1970No. Docket No. 3032-67Published

Decedent under her last will devised and bequeathed a part of her estate to a charitable trust which provided that the income from the corpus of said trust was to be paid to her husband for life, and that upon his death the corpus was to be paid to certain qualified charitable organizations.

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Decedent under her last will devised and bequeathed a part of her estate to a charitable trust which provided that the income from the corpus of said trust was to be paid to her husband for life, and that upon his death the corpus was to be paid to certain qualified charitable organizations. Under the provisions of the trust the trustees were empowered to (1) invest in regulated investment companies; (2) to determine all questions between income and principal "notwithstanding any statute or rule of law for distinguishing income from principal or any determination of the courts;" and (3) in…

1Opinion of the Court

Estate of Phyllis W. McGillicuddy, John T. McGillicuddy, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of McGillicuddy v. Commissioner

Docket No. 3032-67

United States Tax Court

54 T.C. 315; 1970 U.S. Tax Ct. LEXIS 209;

February 17, 1970, Filed

Decision will be entered under Rule 50.

Decedent under her last will devised and bequeathed a part of her estate to a charitable trust which provided that the income from the corpus of said trust was to be paid to her husband for life, and that upon his death the corpus was to be paid to certain qualified charitable…

2Cases cited24 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
  3. Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
  4. Mayerson v. CommissionerUnited States Tax Court · 1966
  5. Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938

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