Benjamin v. Commissioner
United States Tax Court
Under decedent's will the remainder of her estate was placed in trust with instructions to the trustee "To pay over to my husband during his lifetime the entire net income derived from my estate and such amount of the principal thereof as he may from time to time direct." Upon the husband's death the remainder of the estate was to be distributed to decedent's nieces and nephews.
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Under decedent's will the remainder of her estate was placed in trust with instructions to the trustee "To pay over to my husband during his lifetime the entire net income derived from my estate and such amount of the principal thereof as he may from time to time direct." Upon the husband's death the remainder of the estate was to be distributed to decedent's nieces and nephews. Held, decedent's husband was given an unlimited power to invade the principal of the trust and the value of the trust qualifies for the marital deduction.
1Opinion of the Court
OPINION
Drennen, Judge:
Despondent determined a deficiency in estate tax in the amount of $54,591.32.
The sole issue for decision is whether the residuary trust established under the will of Wilhelmina L. Benjamin qualifies for the marital deduction.
The facts have all been stipulated and the stipulation of facts is incorporated herein by reference.
Wilhelmina L. Benjamin (hereafter referred to as decedent) died testate on June 2,1960, a resident of Oak Park, Cook County, Ill., at the age of 88 years. Decedent’s Federal estate tax return was filed with the district director of internal revenue,…
2Cases cited26 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Walker v. PritchardIllinois Supreme Court · 1887
- Commissioner of Internal Revenue v. Estate of Harry A. Ellis, Deceased, Helen R. Ellis, Bernard B. Largman and Dan Denenberg, ExecutorsCourt of Appeals for the Third Circuit · 1958
- Henderson v. BlackburnIllinois Supreme Court · 1882
- Connecticut Bank & Trust Co. v. LymanSupreme Court of Connecticut · 1961
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Graham v. CommissionerUnited States Tax Court · 1966
- Estate of Holland v. CommissionerUnited States Tax Court · 1975
- Estate of Rubin v. CommissionerUnited States Tax Court · 1972
- Lanigan v. CommissionerUnited States Tax Court · 1965
- Benjamin v. CommissionerUnited States Tax Court · 1965
6 more not listed; retrieve them via the Exa API.