Estate of Little v. Commissioner
United States Tax Court
Decedent possessed at the time of his death a power to invade, for his benefit, income and corpus of a trust. The power was limited to the standard that the invasion be for decedent's "proper support, maintenance, welfare, health and general happiness in the manner to which he is accustomed at the time of the death of [his wife]." Held: The power is not excepted from the definition of general power of appointment under sec. 2041(b)(1)(A), I.R.C. 1954, because the standard…
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Decedent possessed at the time of his death a power to invade, for his benefit, income and corpus of a trust. The power was limited to the standard that the invasion be for decedent's "proper support, maintenance, welfare, health and general happiness in the manner to which he is accustomed at the time of the death of [his wife]." Held: The power is not excepted from the definition of general power of appointment under sec. 2041(b)(1)(A), I.R.C. 1954, because the standard which limits the power does not relate solely to the health, education, support, or maintenance of decedent. Respondent's…
1Opinion of the Court
Estate of John Russell Little, Deceased, Crocker National Bank, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Little v. Commissioner
Docket No. 34590-83
United States Tax Court
87 T.C. 599; 1986 U.S. Tax Ct. LEXIS 53; 87 T.C. No. 34;
September 11, 1986, Filed
Decision will be entered for the respondent.
Decedent possessed at the time of his death a power to invade, for his benefit, income and corpus of a trust. The power was limited to the standard that the invasion be for decedent's "proper support, maintenance, welfare, health and general happiness in the manner to…
2Cases cited14 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Estate of Ford v. CommissionerUnited States Tax Court · 1969
- Estate of NunnCalifornia Supreme Court · 1974
- Estate of Jones v. CommissionerUnited States Tax Court · 1971
- Estate of Ida Maude Sowell, Homer T. Sowell v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1983
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