Helmholz v. Commissioner
United States Board of Tax Appeals
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
*169OPINION.
Smith :
No jurisdictional question has been raised by either party to this proceeding, but because of the record made herein we deem it advisable to consider that question. Cf. Martha M. Hanify, 21 B.T.A. 379. The deficiency notice was addressed to “ Waldemar R. Helmholz, Executor, Estate of Irene C. Helmholz.” The petition, captioned “Waldemar R. Helmholz, as sole devisee and legatee under the will of Irene C. Helmholz, deceased,” was based upon that notice. In his petition the petitioner alleged, and the respondent admitted, that “ the Petitioner was and is the sole beneficiary under…
2Cases cited29 opinions
- Knowlton v. MooreSupreme Court of the United States · 1900
- Gould v. GouldSupreme Court of the United States · 1917
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
24 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scruggs v. CommissionerUnited States Board of Tax Appeals · 1934
- Vaughan v. ClausonDistrict Court, D. Maine · 1944
- Bridgeport City Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1940
- Dabney v. CommissionerUnited States Board of Tax Appeals · 1939
- Estate of Edwin F. Borden v. CommissionerUnited States Tax Court · 1950
2 more not listed; retrieve them via the Exa API.