Uhl v. Commissioner
United States Tax Court
The decedent transferred property in trust in 1938 whereby he was to receive $ 100 per month for life and the balance of the income was distributable to him in the discretion of the trustee. Held, as the decedent's creditors under Indiana law could have reached the full amount of the trust income, the decedent could have obtained through his creditors the full beneficial use and enjoyment of such income.
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The decedent transferred property in trust in 1938 whereby he was to receive $ 100 per month for life and the balance of the income was distributable to him in the discretion of the trustee. Held, as the decedent's creditors under Indiana law could have reached the full amount of the trust income, the decedent could have obtained through his creditors the full beneficial use and enjoyment of such income. Therefore, decedent retained "the right to the income" within the purview of section 811 (c) (1) (B), Internal Revenue Code of 1939, and the full amount of the trust corpus was includible in…
1Opinion of the Court
OPINION.
Bruce, Judge:
The issue presented is whether petitioner’s decedent retained for his life “the right to the income from, the property,” conveyed in trust in 1938 within the purview of section 811 (c) (1) (B), Internal Revenue Code of 1939,1 so as to cause the entire corpus of the trust to be includible in his gross estate.2 The trust instrument provides:
The said Trustee shall monthly pay to the Grantor during his lifetime, the sum of One hundred dollars ($100.00) per month, provided however, that the Trustee may .in his discretion and áfter consultation with Louis O. Uhl, pay a greater…
2Cases cited11 opinions
- Industrial Trust Co. v. Commissioner of Internal Rev.Court of Appeals for the First Circuit · 1947
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Herzog v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1941
- Menken v. BrinkleyTennessee Supreme Court · 1895
- Commissioner of Internal Revenue v. Estate of HindsCourt of Appeals for the Fifth Circuit · 1950
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of Maria M. Coxe Skinner, Deceased, Neil McFee Skinner and Girard Trust Corn Exchange Bank, Executors v. United StatesCourt of Appeals for the Third Circuit · 1963
- Pardee v. CommissionerUnited States Tax Court · 1967
- Estate of Paxton v. CommissionerUnited States Tax Court · 1986
- Estate of Skinner v. United StatesDistrict Court, E.D. Pennsylvania · 1961
- Estate of Green v. CommissionerUnited States Tax Court · 1975
7 more not listed; retrieve them via the Exa API.