Estate of Hill v. Commissioner
United States Tax Court
1. D created a trust for his daughter. Under Texas law, the trust was revocable unless made irrevocable by the trust instrument or by a supplement or amendment thereto.
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1. D created a trust for his daughter. Under Texas law, the trust was revocable unless made irrevocable by the trust instrument or by a supplement or amendment thereto. Held, nothing in the trust or other instruments made the trust irrevocable; held, further, the tax treatment of the trust must be determined without regard to the possibility of reformation. 2. D, who was then age 82 and facing exploratory surgery, gave a lake cottage to his son, which he had always intended giving to the son. Held, the gift was not made in contemplation of death.
1Opinion of the Court
Simpson, Judge:
The Commissioner determined a deficiency in the Federal estate tax of the Estate of Alvin Hill in the amount of $89,753.78. The issues to be decided are: (1) Whether at the date of his death, Alvin Hill had the power to revoke a trust created for his daughter, thus causing the assets of the trust to be includable in his estate under section 2038(a)(1) of the Internal Revenue Code of 1954;1 and (2) whether a gift of land to Chilton Hill was made in contemplation of death within the meaning of section 2035. In the event we find that Alvin Hill did not retain the power to revoke…
2Cases cited32 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- United States v. WellsSupreme Court of the United States · 1931
- Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
- Koy v. SchneiderTexas Supreme Court · 1920
- Arnold Van Den Wymelenberg, as of the Estate of Eleanor Van Den Wymelenberg, and Arnold Van Den Wymelenberg v. United StatesCourt of Appeals for the Seventh Circuit · 1968
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3Cited by26 opinions
- Estate of Craft v. CommissionerUnited States Tax Court · 1977
- Estate of Jalkut v. CommissionerUnited States Tax Court · 1991
- Estate of La Meres v. Comm'rUnited States Tax Court · 1992
- Estate of Nicholson v. CommissionerUnited States Tax Court · 1990
- Estate of Bennett v. CommissionerUnited States Tax Court · 1993
21 more not listed; retrieve them via the Exa API.