Marshall v. Commissioner
United States Tax Court
Estate Tax -- Transfers -- Retained Reversions -- Section 811 (c) (2) -- Express Terms v. Operation of Law. -- A reversionary interest in a grantor-decedent was not within section 811 (c) where it arose under a trust providing that the trust property after a life estate in his wife should be distributed to those who would take had she died intestate while seized of the trust property even though had she died immediately after the trust was created he would have taken…
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Estate Tax -- Transfers -- Retained Reversions -- Section 811 (c) (2) -- Express Terms v. Operation of Law. -- A reversionary interest in a grantor-decedent was not within section 811 (c) where it arose under a trust providing that the trust property after a life estate in his wife should be distributed to those who would take had she died intestate while seized of the trust property even though had she died immediately after the trust was created he would have taken one-third as surviving spouse.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner no longer contends that the value of the entire corpus minus the value of the life estate is to be included in the gross estate of the decedent. His present position is that the value at the time of the decedent’s death of a one-third interest in the remainders of the two trusts should be included in the decedent’s gross estate. The Pennsylvania Intestate Act of 1917, P. L. 429, section 2,- provided that a surviving spouse is entitled to one-third of the estate of a deceased spouse where more than one child survives. The Commissioner says that the…
2Cases cited7 opinions
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
- Houghton v. CommissionerUnited States Tax Court · 1943
- Goodyear v. CommissionerUnited States Tax Court · 1943
- Romanski EstateSupreme Court of Pennsylvania · 1946
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Graham v. CommissionerUnited States Tax Court · 1966
- Commissioner of Internal Revenue v. Marshall's EstateCourt of Appeals for the Third Circuit · 1953
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
- Thacher v. CommissionerUnited States Tax Court · 1953
- Estate of Joseph P. Grace, Deceased, Michael P. Grace, Ii, Joseph Peter Grace, Jr., and Charles MacDonald Grace, Executors v. The United StatesUnited States Court of Claims · 1968
5 more not listed; retrieve them via the Exa API.