Fletcher v. Commissioner
United States Board of Tax Appeals
1. Where the decedent possessed a power of appointment over certain property, provided he died without leaving issue, to such person or persons as he should by his last will and testament direct, and the power was duly exercised, the value of such property is a part of the decedent's gross estate, for Federal estate tax purposes, as property passing under a general power of appointment. 2. Where the appointor's estate was subject to state collateral inheritance tax by reason…
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1. Where the decedent possessed a power of appointment over certain property, provided he died without leaving issue, to such person or persons as he should by his last will and testament direct, and the power was duly exercised, the value of such property is a part of the decedent's gross estate, for Federal estate tax purposes, as property passing under a general power of appointment. 2. Where the appointor's estate was subject to state collateral inheritance tax by reason of the exercise of the power of appointment to collaterals, the estate tax due from the present decedent's estate is…
1Opinion of the Court
*507OPINION.
Smith :
The first question presented by this proceeding is whether the property included in the testamentary trust over which the decedent, Joseph Eiter, exercised the power of appointment is includable in the gross estate. The applicable provision of the statute *508relating thereto is section 302 of the Revenue Act of 1926, which, so far as material, reads as follows:
The value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated—
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2Cases cited11 opinions
- Kates's EstateSupreme Court of Pennsylvania · 1925
- Shugars v. Chamberlain Amusements Enterprises, Inc.Supreme Court of Pennsylvania · 1925
- McCord's EstateSupreme Court of Pennsylvania · 1923
- Hagen's EstateSupreme Court of Pennsylvania · 1926
- Estate of CoxeSupreme Court of Pennsylvania · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnstone v. CommissionerUnited States Board of Tax Appeals · 1934
- Raegner v. CommissionerUnited States Board of Tax Appeals · 1934
- Camden Safe Deposit & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Fletcher v. CommissionerUnited States Board of Tax Appeals · 1933