Resch v. Commissioner
United States Tax Court
1. Section 811 (c) (1) (B), 811 (d), I. R. C. -- Payment of Insurance Premiums by Trustee. -- Decedent, on June 9, 1931, created a trust, reserving the right to modify or revoke the trust. On May 4, 1932, he surrendered the right to amend or revoke the trust.
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1. Section 811 (c) (1) (B), 811 (d), I. R. C. -- Payment of Insurance Premiums by Trustee. -- Decedent, on June 9, 1931, created a trust, reserving the right to modify or revoke the trust. On May 4, 1932, he surrendered the right to amend or revoke the trust. In the trust agreement, as amended, the trustee was made responsible for the payment of premiums on any insurance policies at any time held in the trust and he was directed to apply trust income to the payment of insurance premiums and assessments, and to apply trust principal to the payment of premiums if trust income should be…
1Opinion of the Court
OPINION.
Harron, Judge:
Issue 1. The first question concerns the Arnold Eesch trust created by the decedent on June 9, 1931, and amended on May 4, 1932. The respondent contends, in the first instance, that the decedent in substance reserved the use of, or the right to the income from, the transferred property within the scope of section 811 (c) (1) (B) as amended. Eespondent does not argue that the decedent actually retained, under the terms of the trust agreement, the right to, or the means by which he could enforce the payment of, the income to himself for a period which did not end before…
2Cases cited15 opinions
- Hassett v. WelchSupreme Court of the United States · 1938
- May v. HeinerSupreme Court of the United States · 1930
- Cyrus H. McCormick v. David BurnetSupreme Court of the United States · 1931
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Morsman v. BurnetSupreme Court of the United States · 1931
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3Cited by9 opinions
- Estate of Webster v. CommissionerUnited States Tax Court · 1976
- Estate of Kurz v. CommissionerUnited States Tax Court · 1993
- Estate of Joseph P. Grace, Deceased, Michael P. Grace, Ii, Joseph Peter Grace, Jr., and Charles MacDonald Grace, Executors v. The United StatesUnited States Court of Claims · 1968
- Estate of Joseph P. Grace, Deceased, Michael P. Grace, Ii, Joseph Peter Grace, Jr., and Charles MacDonald Grace, Executors v. The United StatesUnited States Court of Claims · 1968
- Estate of Kurz v. CommissionerUnited States Tax Court · 1993
4 more not listed; retrieve them via the Exa API.