Virginia National Bank v. United States

MEMORANDUM ORDER

KELLAM, District Judge.

Testatrix, a resident of Virginia Beach, Virginia, at the time of her death, executed her will on September 30, 1963. Following her death on December 26, 1963, Virginia National Bank qualified as executor and trustee under the will. The will established Trusts “A” and “B”, and Trust “A” gave Mrs. Zittrain’s husband the power of invasion. Both parties stipulate that the proper interpretation of the trust provisions in the will determines the tax consequences.

Subsequent to testatrix’s death, plaintiff filed with the Internal Revenue Service the appropriate…