Lanigan v. Commissioner
United States Tax Court
1. Decedent's power as trustee to pay out portions of corpus to herself as beneficiary at such times, in such amounts, and for such purposes as the trustees in their unrestricted discretion may deem advisable, held not limited by an ascertainable standard relating to health, education, support, or maintenance within the meaning of section 2041(b)(1)(A), I.R.C. 1954. 2. Held, further, the general practice of following a State court adjudication of a property interest does not…
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1. Decedent's power as trustee to pay out portions of corpus to herself as beneficiary at such times, in such amounts, and for such purposes as the trustees in their unrestricted discretion may deem advisable, held not limited by an ascertainable standard relating to health, education, support, or maintenance within the meaning of section 2041(b)(1)(A), I.R.C. 1954. 2. Held, further, the general practice of following a State court adjudication of a property interest does not apply when the decree has no effect under State law as a determination of such an interest.
1Opinion of the Court
Simpson, Judge:
The respondent determined a deficiency in estate tax in tbe amount of $106,453.32. Tbe ultimate issue in this case is whether Josephine E. Lanigan possessed a general power of appointment sufficient to cause tbe corpus of her father’s testamentary trust to be includable in her gross estate under section 2041 of tbe Internal Eevenue Code of 1954.1
FINDINGS OP PACT
The facts were fully stipulated and these facts and exhibits incorporated therein are so found.
Petitioner is the duly qualified executor of the Estate of Josephine E. Lanigan, who died on January 19, 1960, a resident of…
2Cases cited29 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Freuler v. HelveringSupreme Court of the United States · 1934
- Gallagher v. SmithCourt of Appeals for the Third Circuit · 1955
- Estate of TysonSupreme Court of Pennsylvania · 1899
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3Cited by7 opinions
- Alonzo Wimberly Jenkins, Jr., as Executors Under the Will of Martha O. Jenkins, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- Estate of Jones v. CommissionerUnited States Tax Court · 1971
- Estate of Vissering v. CommissionerUnited States Tax Court · 1991
- Estate of Jones v. CommissionerUnited States Tax Court · 1971
- Estate of Vissering v. CommissionerUnited States Tax Court · 1991
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