Legal Opinion

John A. Rand, of the Estate of Ormsby MacKnight Mitchel, Deceased v. United States

Court of Appeals for the Second Circuit

Decided July 22, 1971No. 909_1PublishedCited by 25 opinions

1Opinion of the Court

POLLACK, District Judge:

This litigation is one of a series brought by the United States to limit the availability of estate tax charitable deductions for estates not governed by the Tax Reform Act of 1969. 1 Plaintiff is the executor of the estate of Ormsby MacKnight Mitchel who died in 1964. In his Will the decedent created a trust which provided that the principal should go to various charities after the end of a life estate. The Revenue Service denied a deduction for the present value of the charitable remainder on the ground that the interest is not presently ascertainable and hence is…

2Cases cited6 opinions

  1. Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
  2. Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
  3. In Re Robinson's WillSupreme Court of Vermont · 1929
  4. Tuttle v. TuttleSupreme Court of Vermont · 1942
  5. Destitute of Bennington County v. HENRY W. PUTNAM MHSupreme Court of Vermont · 1965

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Estate of Belcher v. CommissionerUnited States Tax Court · 1984
  2. Greer v. United StatesCourt of Appeals for the Fourth Circuit · 1971
  3. Estate of Speer v. CommissionerUnited States Tax Court · 1972
  4. Froman Trust v. CommissionerUnited States Tax Court · 1972
  5. Mary Jane Gardiner, of the Estate of Laurabel Gardiner, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1972

20 more not listed; retrieve them via the Exa API.

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