Estate of Mortimer v. Commissioner

OPINION.

Rice, Judge:

Petitioner seeks to turn the issue upon that portion of section 811 (c), I. R. C., which deals with transfers of property, by trust or otherwise, where the decedent has retained (1) the, possession or enjoyment of, or the right to the income from, the property, or (2) the right to designate the persons who shall possess or enjoy the property or the income therefrom. Petitioner contends that the deeds in fee simple contained no such reservations in decedent’s favor but operated absolutely to divest him of all of the incidents of ownership.

The basic question goes much deeper…