Gaston Estate v. Commissioner
United States Tax Court
The decedent in 1929 conveyed property in trust, the income to be paid to her for life and after her death to her granddaughter for life and upon the death of the granddaughter the remainder to the granddaughter's surviving lawful issue, if any. Upon failure of lawful issue surviving the granddaughter the remainder interest in the trust was to be disposed of by decedent in her will.
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The decedent in 1929 conveyed property in trust, the income to be paid to her for life and after her death to her granddaughter for life and upon the death of the granddaughter the remainder to the granddaughter's surviving lawful issue, if any. Upon failure of lawful issue surviving the granddaughter the remainder interest in the trust was to be disposed of by decedent in her will. Decedent died in 1939 leaving a will in which she bequeathed the remainder of the trust property to a named charity in the event that the granddaughter, who was then 21 years of age and unmarried, should leave no…
1Opinion of the Court
OPINION.
Smith, Judge:
This proceeding involves an estate tax deficiency of $8,866.34, the most of which is in controversy. The question in issue is whether, and to what extent, the value of property which the decedent conveyed to an inter vivos trust in 1929, retaining the income for life and a contingent power of appointment over the remainder, is includible in her gross estate.
Decedent died a resident of the State of New Jersey on November 4,1939. Her estate tax return was filed with the collector of internal revenue for the district of New Jersey. In his audit of the return respondent added…
2Cases cited6 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Hassett v. WelchSupreme Court of the United States · 1938
- Klein v. United StatesSupreme Court of the United States · 1931
- United States v. Provident Trust Co.Supreme Court of the United States · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Frances Biddle Trust v. CommissionerUnited States Tax Court · 1944
- Walker v. CommissionerUnited States Tax Court · 1944
- Commissioner of Internal Revenue v. Singer's EstateCourt of Appeals for the Second Circuit · 1947
- Estate of Kitchen v. CommissionerUnited States Tax Court · 1944
- Estate of Sloane v. CommissionerUnited States Tax Court · 1944
3 more not listed; retrieve them via the Exa API.