Commissioner of Internal Revenue v. Estate of Eleanor Buchanan Talbott, Deceased, Bryan Carver

WINTER, Circuit Judge:

The Tax Court held that the res of an inter vivos trust, created in 1923, was not includable in the surviving settlor’s gross estate for purposes of the federal estate tax. 1 It did so on the theory that the transfer of the corpus was complete prior to March 4, 1931, notwithstanding the Commissioner’s contention that a power to amend or to revoke the trust possessed by the settlor and her husband, an allegedly nonadverse party, continued at least until 1935, so that the complete and irrevocable transfer of the corpus did not occur before March 4, 1931, thus rendering…