Gillette v. Commissioner
United States Tax Court
Interests of donor-petitioner's wife in one trust, of which their son was life beneficiary, and of donor's son in another trust, of which his younger sister and her surviving issue were beneficiaries, held to be substantial and adverse for gift tax purposes, so that the gifts were complete in a prior year, notwithstanding that the respective interests of the wife and son were contingent upon outliving the grantor and respective primary beneficiaries.
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Interests of donor-petitioner's wife in one trust, of which their son was life beneficiary, and of donor's son in another trust, of which his younger sister and her surviving issue were beneficiaries, held to be substantial and adverse for gift tax purposes, so that the gifts were complete in a prior year, notwithstanding that the respective interests of the wife and son were contingent upon outliving the grantor and respective primary beneficiaries. Meyer Katz, 46 B. T. A. 187; affd. (C. C. A., 7th Cir.), 139 Fed. (2d) 107, followed.
1Opinion of the Court
OPINION.
Opper, Judge:
Respondent determined deficiencies in gift tax in the total amount of $5,748.78, as follows: 1936, $972.42, and 1941, $4,776.31.
The petition was filed by Leon N. Gillette, hereinafter sometimes referred to as decedent; and upon his death, after motion duly made, the executors of decedent’s estate were substituted as petitioners and the caption of the proceeding was changed.
The issues involved are whether distributions to decedent’s son in the years of 1936 and 1941, pursuant to the terms of a trust created by decedent on December 6,1929, for the benefit of his son,…
2Cases cited1 opinion
- Burnet v. GuggenheimSupreme Court of the United States · 1933
3Cited by16 opinions
- Trust under the Last Will & Testament of McDonald v. CommissionerUnited States Tax Court · 1953
- Camp v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1952
- Estate of Towle v. CommissionerUnited States Tax Court · 1970
- Camp v. CommissionerUnited States Tax Court · 1950
- Estate of Childers v. CommissionerUnited States Tax Court · 1948
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