Goodyear v. Commissioner
United States Tax Court
The extremely remote possibility that decedent or her estate would reacquire trust property by operation of law upon a failure of beneficiaries extending into the fourth generation, and also the extremely remote possibility that decedent would inherit other trust property as distributee of the named beneficiary, upon failure of the latter's issue, do not warrant the conclusion that the transfers in trust were intended to take effect in possession or enjoyment at or after…
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The extremely remote possibility that decedent or her estate would reacquire trust property by operation of law upon a failure of beneficiaries extending into the fourth generation, and also the extremely remote possibility that decedent would inherit other trust property as distributee of the named beneficiary, upon failure of the latter's issue, do not warrant the conclusion that the transfers in trust were intended to take effect in possession or enjoyment at or after decedent's death.
1Opinion of the Court
OPINION.
Arunoell. Judge:
The Commissioner determined an estate tax deficiency in the amount of $431,67.6.03. The principal issue is whether respondent erred in determining that the remainder interests in four trusts created by decedent in her lifetime were intended to take effect in possession or enjoyment at or after her death within the meaning of section 811 (c) of the Internal Revenue Code. Also in issue is the correct amount to be included in gross estate if the Commissioner prevails on the first question. The facts are not in dispute.
Petitioners are the executors of the will of Ellen…
2Cases cited6 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Klein v. United StatesSupreme Court of the United States · 1931
- Bradley v. CommissionerUnited States Tax Court · 1943
- Houghton v. CommissionerUnited States Tax Court · 1943
- Delany v. CommissionerUnited States Tax Court · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Frances Biddle Trust v. CommissionerUnited States Tax Court · 1944
- Downe v. CommissionerUnited States Tax Court · 1943
- Henry v. CommissionerUnited States Tax Court · 1944
- Walker v. CommissionerUnited States Tax Court · 1944
17 more not listed; retrieve them via the Exa API.