Estate of Davis v. Commissioner
United States Tax Court
Decedent, prior to his death, gave his son $ 109,000 in cash in an one-half of the trust corpus, $ 54,500, is includable in decedent's gross was community property. Under the terms of the trust any remaining amount at the widow's death was subject to her power of appointment. No part of the $ 109,000 was included in the gross estate. Held, one-half of the trust corpus, $ 54,500, is includable in decedent's gross estate. Sec. 2280, Cal. Civ. Code (1931), construed.
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Decedent, prior to his death, gave his son $ 109,000 in cash in an one-half of the trust corpus, $ 54,500, is includable in decedent's gross was community property. Under the terms of the trust any remaining amount at the widow's death was subject to her power of appointment. No part of the $ 109,000 was included in the gross estate. Held, one-half of the trust corpus, $ 54,500, is includable in decedent's gross estate. Sec. 2280, Cal. Civ. Code (1931), construed. Held, further, one-half of certain expenses of administration of decedent's estate, which were deducted in full in its return,…
1Opinion of the Court
Estate of Henry James Davis, John I. Davis, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Davis v. Commissioner
Docket No. 5668-66
United States Tax Court
51 T.C. 361; 1968 U.S. Tax Ct. LEXIS 17;
December 11, 1968, Filed
Decision will be entered for the respondent.
Decedent, prior to his death, gave his son $ 109,000 in cash in an one-half of the trust corpus, $ 54,500, is includable in decedent's gross was community property. Under the terms of the trust any remaining amount at the widow's death was subject to her power of appointment. No part of the $ 109,000 was…
2Cases cited7 opinions
- Will Flitcroft and Agnes D. Flitcroft v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1964
- Flitcroft v. CommissionerUnited States Tax Court · 1962
- Newman v. CommissionerUnited States Tax Court · 1953
- Fleishman v. BlechmanCalifornia Court of Appeal · 1957
- Estate of Davis v. CommissionerUnited States Tax Court · 1968
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