Estate of Cox v. Commissioner
United States Tax Court
The will provided that the trustee shall have the "sole and exclusive right of management" of the trust property. It also provided that "if her income from my estate and from other sources shall be insufficient to comfortably and adequately supply Mary Joyce Cox with all comforts and necessities, then the same must be provided for by sale by my trustee." Held, under Texas law, Mary Joyce Cox did not hold a power of invasion or appointment with respect to the trust corpus.
1Opinion of the Court
Estate of Mary Joyce Cox, Deceased, Joyce Cox, Independent Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Cox v. Commissioner
Docket No. 3725-70
United States Tax Court
59 T.C. 825; 1973 U.S. Tax Ct. LEXIS 158; 59 T.C. No. 80;
March 13, 1973, Filed
Decision will be entered under Rule 50.
The will provided that the trustee shall have the "sole and exclusive right of management" of the trust property. It also provided that "if her income from my estate and from other sources shall be insufficient to comfortably and adequately supply Mary Joyce Cox with all comforts and…
2Cases cited9 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Huffman v. HuffmanTexas Supreme Court · 1960
- Hunt v. WhiteTexas Supreme Court · 1859
- Schelb v. SparenbergTexas Supreme Court · 1939
- Haupt v. MichaelisTexas Commission of Appeals · 1921
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