Estate of Kolker v. Commissioner
United States Tax Court
In 1976, grantor created a trust to give her grandchildren $ 3,000 on June 13 of each year, beginning in 1977. The money was only to go to beneficiaries who were alive at the time the distributions were made. Held, the transfer to the trust was a gift of future interests to the beneficiaries; petitioner, therefore, is not entitled to claim 13 annual exclusions under sec. 2503(b), I.R.C. 1954.
1Opinion of the Court
OPINION
Tietjens, Judge:
Respondent determined a deficiency of $9,821.82 in petitioner’s Federal gift tax. The issue for our determination is whether a transfer to a trust on December 29, 1976, by Miriam R. Kolker was a gift of a present interest, capable of valuation and qualifying for the exclusion provided by section 2503(b).1
This case was fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts and attached exhibits are incorporated herein by reference.
The address of Miriam R. Kolker (hereinafter Kolker) at the time the petition was filed…
2Cases cited11 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- United States v. PelzerSupreme Court of the United States · 1941
- Fondren v. CommissionerSupreme Court of the United States · 1945
- Commissioner v. DisstonSupreme Court of the United States · 1945
- Helvering v. HutchingsSupreme Court of the United States · 1941
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of Cristofani v. CommissionerUnited States Tax Court · 1991
- Estate of Cristofani v. CommissionerUnited States Tax Court · 1991
- Estate of Kolker v. CommissionerUnited States Tax Court · 1983
- Naumoff v. CommissionerUnited States Tax Court · 1983