Legal Opinion

Estate of Kitchen v. Commissioner

United States Tax Court

Decided August 17, 1944No. Docket No. 1438Unpublished

Prior to the enactment of the first estate tax statute decedent created a trust in which she retained the right to the income for life. After her death the income was to go to her two children for their respective lives with remainder to the issue of each child in the part held for his or her benefit. The corpus was to revert to the decedent upon the death of the survivor of her two children.

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Prior to the enactment of the first estate tax statute decedent created a trust in which she retained the right to the income for life. After her death the income was to go to her two children for their respective lives with remainder to the issue of each child in the part held for his or her benefit. The corpus was to revert to the decedent upon the death of the survivor of her two children. The provisions of the trust instrument were not modified or changed during decedent's lifetime. She died in 1938. Held, that the entire value of the corpus at the time of the death of decedent should be…

1Opinion of the Court

Estate of Myra C. Kitchen, by Clarence J. Hand and Victor C. Kitchen, as sole surviving executors v. Commissioner.

Estate of Kitchen v. Commissioner

Docket No. 1438.

United States Tax Court

1944 Tax Ct. Memo LEXIS 135; 3 T.C.M. (CCH) 877; T.C.M. (RIA) 44280;

August 17, 1944

Prior to the enactment of the first estate tax statute decedent created a trust in which she retained the right to the income for life. After her death the income was to go to her two children for their respective lives with remainder to the issue of each child in the part held for his or her benefit. The corpus was to revert to…

2Cases cited8 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  3. United States v. JacobsSupreme Court of the United States · 1939
  4. Hofheimer v. CommissionerUnited States Tax Court · 1943
  5. Middlekauff v. CommissionerUnited States Tax Court · 1943

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