Legal Opinion

Estate of Holtz v. Commissioner

United States Tax Court

Decided April 10, 1962No. Docket No. 88457Published

Irrevocable transfer in trust directing corporate trustee to distribute income to settlor for life and as much of principal as trustee may think desirable for the welfare, comfort, and support of settlor, or for his hospitalization or other emergency needs, held not to be a completed gift of the remainder interest in the principal of the trust for gift tax purposes.

1Opinion of the Court

Estate of Leon Holtz, Deceased, Provident Tradesmens Bank and Trust Company, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Estate of Holtz v. Commissioner

Docket No. 88457

United States Tax Court

38 T.C. 37; 1962 U.S. Tax Ct. LEXIS 158;

April 10, 1962, Filed

Decision will be entered for the petitioner.

Irrevocable transfer in trust directing corporate trustee to distribute income to settlor for life and as much of principal as trustee may think desirable for the welfare, comfort, and support of settlor, or for his hospitalization or other emergency needs, held not to be a…

2Cases cited19 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Burnet v. GuggenheimSupreme Court of the United States · 1933
  3. Smith v. ShaughnessySupreme Court of the United States · 1943
  4. Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
  5. Herzog v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1941

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