Kendrick v. Commissioner
United States Board of Tax Appeals
POWERS OF APPOINTMENT. - Decedent died testate in 1931, a resident of Pennsylvania. By will she exercised certain powers of appointment given to her under the wills of her parents. These powers were general in terms, except only that the instruments creating them prohibited their exercise in favor of decedent's brother, Walter, or his descendants, if any.
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POWERS OF APPOINTMENT. - Decedent died testate in 1931, a resident of Pennsylvania. By will she exercised certain powers of appointment given to her under the wills of her parents. These powers were general in terms, except only that the instruments creating them prohibited their exercise in favor of decedent's brother, Walter, or his descendants, if any. The property passing under the powers was included by respondent in decedent's gross estate under section 302(f), Revenue Act of 1926. Held, the powers were general and not special powers of appointment, if Walter Smith died without issue…
1Opinion of the Court
CHRISTINE SMITH KENDRICK, LILIAN B. MORGAN, AND KATHARINE S. SMITH HARE, EXECUTRICES OF THE ESTATE OF KATHARINE ATLEE SMITH, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Kendrick v. Commissioner
Docket No. 78700.
United States Board of Tax Appeals
34 B.T.A. 1040; 1936 BTA LEXIS 606;
October 1, 1936, Promulgated
POWERS OF APPOINTMENT. - Decedent died testate in 1931, a resident of Pennsylvania. By will she exercised certain powers of appointment given to her under the wills of her parents. These powers were general in terms, except only that the instruments creating them prohibited…
2Cases cited1 opinion
- Kendrick v. CommissionerUnited States Board of Tax Appeals · 1936