Legal Opinion

Estate of Meeske v. Commissioner

United States Tax Court

Decided April 5, 1979No. Docket No. 9907-74Published

Decedent created an inter vivos trust into which he transferred a substantial portion of his assets. He retained the right to income for life and to invade the corpus for his own benefit. The trust agreement also provided for a division of the trust corpus at the death of the settlor into a marital portion and a residual portion.

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Decedent created an inter vivos trust into which he transferred a substantial portion of his assets. He retained the right to income for life and to invade the corpus for his own benefit. The trust agreement also provided for a division of the trust corpus at the death of the settlor into a marital portion and a residual portion. The allocation was made by an "equalization clause" designed to produce the lowest potential aggregate estate taxes on the combined estates of the decedent and his surviving spouse. The amounts were then placed into separate marital and residual trusts. The surviving…

1Opinion of the Court

Estate of Fritz L. Meeske, Deceased, Hackley Bank & Trust, N.A., Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Meeske v. Commissioner

Docket No. 9907-74

United States Tax Court

72 T.C. 73; 1979 U.S. Tax Ct. LEXIS 141;

April 5, 1979, Filed

Decision will be entered under Rule 155.

Decedent created an inter vivos trust into which he transferred a substantial portion of his assets. He retained the right to income for life and to invade the corpus for his own benefit. The trust agreement also provided for a division of the trust corpus at the death of the settlor into a…

2Cases cited10 opinions

  1. Jackson v. United StatesSupreme Court of the United States · 1964
  2. Northeastern Pennsylvania National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1967
  3. Rose Gelb, Victor Edwin Gelb, Manufacturers Trust Company, Executors, of the Estate of Harry Gelb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
  4. The Citizens National Bank of Evansville, as of the Last Will and Testament of G. Ashburn Koch, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1966
  5. Estate of Charles W. Smith, Deceased. The Northern Trust Company, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1977

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