Houghton v. Commissioner
United States Tax Court
1. Decedent created trusts the remainders of which were to pass to her "descendants" then living upon the death of the respective life beneficiaries. Held, from the context, decedent did not use the word "descendants" in its strict legal meaning, but as designating her children and their issue, whether the grantor was living or not.
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1. Decedent created trusts the remainders of which were to pass to her "descendants" then living upon the death of the respective life beneficiaries. Held, from the context, decedent did not use the word "descendants" in its strict legal meaning, but as designating her children and their issue, whether the grantor was living or not. Consequently, the gifts of the remainders were not intended to take effect in possession or enjoyment at or after decedent's death. 2. Transfers in trust are not includible in gross estate as intended to take effect in possession or enjoyment at or after the…
1Opinion of the Court
OPINION.
ÁRundell, Judge:
This proceeding was initiated to test the correctness of respondent’s determination of an estate tax deficiency in the amount of $19,282.61. An overpayment of $158.69 is alleged in the petition to have been made; and by amended answer the Commissioner seeks to increase the deficiency by $34,189.13, or a total of $53,471.74. The case is concerned with five trusts, the primary issue being whether the transfers in trust were intended to take effect in possession or enjoyment at or after the grantor’s death. All the facts pertinent to this issue have been stipulated. A…
2Cases cited5 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Klein v. United StatesSupreme Court of the United States · 1931
- Doctor v. . HughesNew York Court of Appeals · 1919
- Hillen v. . IselinNew York Court of Appeals · 1895
- In re the Estate of PlasterNew York Surrogate's Court · 1942
3Cited by24 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
- Hall v. CommissionerUnited States Tax Court · 1946
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