Lombard v. Commissioner
United States Tax Court
Held, that where decedent was given a general power of appointment over a trust prior to 1942 by settlor of a trust, trust amendments solely in favor of issue and spouses of issue executed by decedent prior to November 1, 1951, were not an exercise of decedent's power of appointment rendering the appointive property taxable as part of her estate under section 2041(a), I.R.C. 1954.
1Opinion of the Court
Estate of Anna J. Lombard, Deceased, Laurence M. Lombard, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent
Lombard v. Commissioner
Docket No. 3580-64
United States Tax Court
46 T.C. 310; 1966 U.S. Tax Ct. LEXIS 90;
June 13, 1966, Filed
Decision will be entered under Rule 50.
Held, that where decedent was given a general power of appointment over a trust prior to 1942 by settlor of a trust, trust amendments solely in favor of issue and spouses of issue executed by decedent prior to November 1, 1951, were not an exercise of decedent's power of appointment rendering the appointive…
2Cases cited5 opinions
- Estate of Leo M. Gartland, Deceased, Matthew Gartland, Administrator v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1961
- Gartland v. CommissionerUnited States Tax Court · 1960
- Emery v. United StatesDistrict Court, D. Massachusetts · 1957
- Lombard v. CommissionerUnited States Tax Court · 1966
- Kynett v. United StatesDistrict Court, E.D. Pennsylvania · 1962