Legal Opinion

Goldstein v. Commissioner

United States Tax Court

Decided February 9, 1962No. Docket Nos. 80834, 80835, 80836, 80837, 80843, 80844, 80845, 89376Published

Irrevocable transfer in trust in 1943, to pay specified amounts periodically from income to named beneficiaries, and upon termination to distribute principal to named beneficiaries. Trustor reserved power in himself to change, substitute, or eliminate beneficiaries of principal (except he could not substitute himself as beneficiary), but not of income or accumulated income.

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Irrevocable transfer in trust in 1943, to pay specified amounts periodically from income to named beneficiaries, and upon termination to distribute principal to named beneficiaries. Trustor reserved power in himself to change, substitute, or eliminate beneficiaries of principal (except he could not substitute himself as beneficiary), but not of income or accumulated income. Trust instrument gave trustees power during term of trust to distribute principal and excess income to any of named beneficiaries in their uncontrolled discretion, and also reserved to trustor the right to designate…

1Opinion of the Court

Joseph Goldstein, Transferee, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

Goldstein v. Commissioner

Docket Nos. 80834, 80835, 80836, 80837, 80843, 80844, 80845, 89376

United States Tax Court

37 T.C. 897; 1962 U.S. Tax Ct. LEXIS 196;

February 9, 1962, Filed

Decisions will be entered under Rule 50.

Irrevocable transfer in trust in 1943, to pay specified amounts periodically from income to named beneficiaries, and upon termination to distribute principal to named beneficiaries. Trustor reserved power in himself to change, substitute, or eliminate beneficiaries of principal…

2Cases cited31 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Burnet v. GuggenheimSupreme Court of the United States · 1933
  3. Smith v. ShaughnessySupreme Court of the United States · 1943
  4. Robinette v. HelveringSupreme Court of the United States · 1943
  5. Rasquin v. HumphreysSupreme Court of the United States · 1939

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