Legal Opinion

Helmholz v. Commissioner

United States Board of Tax Appeals

Decided May 23, 1933No. Docket No. 50485Published

The decedent, the grantee of a special power of appointment of an interest less than a fee, by will appointed her husband to receive the income from certain trust property during his life. The corpus of the trust had been irrevocably transferred and the trust agreement provided for the disposition of the remainder upon the termination of the trust. Held, no part of the trust property is to be included in the decedent's gross estate.

1Opinion of the Court

WALDEMAR R. HELMHOLZ, EXECUTOR OF THE ESTATE OF IRENE C. HELMHOLZ, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Helmholz v. Commissioner

Docket No. 50485.

United States Board of Tax Appeals

28 B.T.A. 165; 1933 BTA LEXIS 1174;

May 23, 1933, Promulgated

The decedent, the grantee of a special power of appointment of an interest less than a fee, by will appointed her husband to receive the income from certain trust property during his life. The corpus of the trust had been irrevocably transferred and the trust agreement provided for the disposition of the remainder upon the…

2Cases cited31 opinions

  1. Knowlton v. MooreSupreme Court of the United States · 1900
  2. Gould v. GouldSupreme Court of the United States · 1917
  3. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  4. New York Trust Co. v. EisnerSupreme Court of the United States · 1921
  5. Chase National Bank v. United StatesSupreme Court of the United States · 1929

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