Legal Opinion
Thorp's Estate v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided December 2, 1947No. 9389PublishedCited by 17 opinions
1Opinion of the Court
O’CONNELL, Circuit Judge.
Questions concerning the interpretation and applicability of Section 811 (d) (2) of the Internal Revenue Code, 26 U.S.C.A.Int. Rev.Code, § 811 (d) (2), form the basis of taxpayer’s appeal.
In 1918, Charles M. Thorp, the decedent, created an inter vivos trust, of which his wife was made trustee and life beneficiary of the trust income. Paragraphs 5 and 6 of the trust indenture read as follows:
“5. After the death of Jessie B. Thorp [wife of decedent], said income shall be paid to our six children [naming children] * * * in equal shares, during their respective lives.…
2Cases cited22 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Helvering v. HallockSupreme Court of the United States · 1940
- Dobson v. CommissionerSupreme Court of the United States · 1944
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Helvering v. City Bank Farmers Trust Co.Supreme Court of the United States · 1935
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Marks v. HigginsCourt of Appeals for the Second Circuit · 1954
- In Re Inman's Estate. Shiland v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
- United States v. Martin Wright GordonCourt of Appeals for the Fifth Circuit · 1969
- Hauptfuhrer's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952
- Grossman v. CommissionerUnited States Tax Court · 1957
12 more not listed; retrieve them via the Exa API.