Flitcroft v. Commissioner
United States Tax Court
Petitioners in 1953 created three trusts for the benefit of their minor children each of which provided that it should cease and terminate on a specified date which in each instance was 10 years and 5 days after the date of the creation of the trust. The trusts contained no provision that they were irrevocable. In 1954 when the remaining portion of the term of each trust was less than 10 years, each trust was amended to provide that it was irrevocable.
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Petitioners in 1953 created three trusts for the benefit of their minor children each of which provided that it should cease and terminate on a specified date which in each instance was 10 years and 5 days after the date of the creation of the trust. The trusts contained no provision that they were irrevocable. In 1954 when the remaining portion of the term of each trust was less than 10 years, each trust was amended to provide that it was irrevocable. In 1961 a California court entered an order reforming the trusts to provide that they were irrevocable from their creation. Sec. 2280, Cal.…
1Opinion of the Court
Will Flitcroft and Agnes D. Flitcroft, Petitioners, v. Commissioner of Internal Revenue, Respondent
Flitcroft v. Commissioner
Docket Nos. 80074, 88894
United States Tax Court
39 T.C. 52; 1962 U.S. Tax Ct. LEXIS 56;
October 9, 1962, Filed
Decision will be entered under Rule 50.
Petitioners in 1953 created three trusts for the benefit of their minor children each of which provided that it should cease and terminate on a specified date which in each instance was 10 years and 5 days after the date of the creation of the trust. The trusts contained no provision that they were irrevocable. In 1954 when…
2Cases cited23 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Commissioner of Internal Revenue v. Estate of Ellis Branson Ridgway, Deceased, Craig Sawyer Ridgway and Ellis Branson Ridgway, Jr., ExecutorsCourt of Appeals for the Third Circuit · 1961
- Gaylord v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1946
- M.T. Straight's Trust, Francis L. McCrea Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1957
- Cuddihy v. CommissionerUnited States Tax Court · 1959
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