Toeller v. Commissioner
United States Tax Court
Decedent established a trust which provided that one-third of the income should be payable to his estranged wife and the remaining income, after the payment of small annual sums to his children, should be payable to him. Upon his death the corpus was to be divided among his wife (if then living) and his children, or, if dead, to their descendants.
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Decedent established a trust which provided that one-third of the income should be payable to his estranged wife and the remaining income, after the payment of small annual sums to his children, should be payable to him. Upon his death the corpus was to be divided among his wife (if then living) and his children, or, if dead, to their descendants. The trust instrument provided that "should misfortune or sickness cause the expenses of Trustor to increase so that in the judgment of the Trustee the net income so payable to Trustor is not sufficient to meet the living expenses of Trustor, then *…
1Opinion of the Court
OPINION.
Kern, Judge:
The first question to be resolved is whether the transfers to the trust involved in this proceeding were intended to take effect in possession or enjoyment at or after the trustor’s death, within the meaning of section 811 (c) of the Internal Revenue Code, as respondent contends.
Because it was executed prior to the passage of the Joint Resolution of Congress of March 3, 1931, this trust enjoys the protection of the rule announced in Reinecke v. Northern Trust Co., 278 U. S. 339; May v. Heiner, 281 U. S. 238; McCormick v. Burnet, 283 U. S. 784; and Hassett v. Welch, 303 U.…
2Cases cited7 opinions
- Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
- Hassett v. WelchSupreme Court of the United States · 1938
- May v. HeinerSupreme Court of the United States · 1930
- Cyrus H. McCormick v. David BurnetSupreme Court of the United States · 1931
- Bradley v. CommissionerUnited States Tax Court · 1943
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Estate of Heckscher v. CommissionerUnited States Tax Court · 1975
- Estate of Budlong v. CommissionerUnited States Tax Court · 1946
- Estate of Holtz v. CommissionerUnited States Tax Court · 1962
- Coulter v. CommissionerUnited States Tax Court · 1946
- Frew v. CommissionerUnited States Tax Court · 1947
20 more not listed; retrieve them via the Exa API.