Graham v. Commissioner
United States Tax Court
Held: 1. The ascertainable value of a reversionary interest retained by the decedent, the creator of an irrevocable inter vivos trust in 1929, is includable in decedent's gross estate under section 2033, I.R.C. 1954. 2. No part of the corpus of the trust is includable in decedent's gross estate under the provisions of sections 2037 and 2038(a)(2), I.R.C. 1954.
1Opinion of the Court
Simpson, Judge:
The respondent determined a deficiency in estate tax in the amount of $151,256.13. The ultimate issue in this case is whether all or any part of the corpus of an inter vivos trust created by James H. Graham in 1929 is includable in his gross estate.
findings OP PACT
Most of the facts were stipulated and those facts are so found.
Petitioner is the duly qualified executor of the Estate of James H. Graham, who died a resident of Jefferson County, Ky., on June 24, 1960. The U.S. Estate Tax Return was filed with the district director of internal revenue, Louisville, Ky., on September…
2Cases cited34 opinions
- Freuler v. HelveringSupreme Court of the United States · 1934
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
- Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
29 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of Ford v. CommissionerUnited States Tax Court · 1969
- Budd v. CommissionerUnited States Tax Court · 1968
- Estate of Graves v. CommissionerUnited States Tax Court · 1989
- Comerica Bank, N.A., of the Estate of Russell v. Dancey v. United StatesCourt of Appeals for the Sixth Circuit · 1996
- Estate of Farrel v. United StatesUnited States Court of Claims · 1977
9 more not listed; retrieve them via the Exa API.