Legal Opinion

Minot v. Commissioner

United States Tax Court

Decided March 23, 1966No. Docket No. 666-64Published

Held, on the facts, appointive assets distributed to takers in default pursuant to an agreement compromising the contest of decedent's will purportedly exercising general powers of appointment over the trust assets are not includable in the gross estate under section 2041, I.R.C. 1954.

1Opinion of the Court

Estate of Sedgwick Minot, Deceased, William E. Dwyer, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Minot v. Commissioner

Docket No. 666-64

United States Tax Court

45 T.C. 578; 1966 U.S. Tax Ct. LEXIS 127;

March 23, 1966, Filed

Decision will be entered under Rule 50.

Held, on the facts, appointive assets distributed to takers in default pursuant to an agreement compromising the contest of decedent's will purportedly exercising general powers of appointment over the trust assets are not includable in the gross estate under section 2041, I.R.C. 1954.

H. Brian Holland, for the…

2Cases cited14 opinions

  1. Lyeth v. HoeySupreme Court of the United States · 1938
  2. Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
  3. Helvering v. GrinnellSupreme Court of the United States · 1935
  4. Barrett v. CommissionerUnited States Tax Court · 1954
  5. In Re Sage's EstateCourt of Appeals for the Third Circuit · 1941

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