Legal Opinion

Beachy v. Commissioner

United States Tax Court

Decided August 24, 1950No. Docket No. 21133Published

Held, as determined by the Supreme Court of the State of Kansas, in McEwen v. Enoch, 167 Kan. 119, 204 P. 2d 736, the trust involved was void because it violated the rule against perpetuities and the gifts to decedent's grandchildren were accelerated. Also, held, the gifts in question were not made in contemplation of death.

1Opinion of the Court

Estate of Cyrus M. Beachy, John D. McEwen, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Beachy v. Commissioner

Docket No. 21133

United States Tax Court

15 T.C. 136; 1950 U.S. Tax Ct. LEXIS 109;

August 24, 1950, Promulgated

Decision will be entered under Rule 50.

Held, as determined by the Supreme Court of the State of Kansas, in McEwen v. Enoch, 167 Kan. 119, 204 P. 2d 736, the trust involved was void because it violated the rule against perpetuities and the gifts to decedent's grandchildren were accelerated. Also, held, the gifts in question were not made in contemplation…

2Cases cited6 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Estate of Johnson v. CommissionerUnited States Tax Court · 1948
  3. Blake-Curtis v. BlakeSupreme Court of Kansas · 1939
  4. McEwen v. EnochSupreme Court of Kansas · 1949
  5. Varick v. CommissionerUnited States Tax Court · 1948

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