Davis v. Commissioner
United States Tax Court
1. The petitioner established an inter vivos trust under the terms of which income and principal was to be used for the college education of his grandnieces and grandnephews. At the time of the gift it was likely that the corpus of the trust would be exhausted; however, the petitioner provided that the remainder, if any, would go to a charitable foundation. Held: Charitable deduction was properly disallowed.
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1. The petitioner established an inter vivos trust under the terms of which income and principal was to be used for the college education of his grandnieces and grandnephews. At the time of the gift it was likely that the corpus of the trust would be exhausted; however, the petitioner provided that the remainder, if any, would go to a charitable foundation. Held: Charitable deduction was properly disallowed. The trust was established for a private rather than the public charitable purpose required by sec. 2522(a)(2), I.R.C. 1954. 2. The petitioners made gifts in trust for the benefit of their…
1Opinion of the Court
Sterrett, Judge:
The respondent determined deficiencies in the Federal gift tax of the petitioners as follows:
mi imv [2]
Samuel S. Davis___$4, 501 $112
Jeanette A. Davis_ 1, 619 112
There are essentially two issues for our determination: (1) Whether the respondent erred in disallowing the petitioners’ deductions from their gift tax on the ground that certain gifts in trust did not qualify as charitable under section 2522 (a) ;3 and (2) whether the respondent erred in disallowing the petitioners’ exclusions from gifts on the ground that certain gifts were of future interests under section 2503 (b)…
2Cases cited20 opinions
- Messing v. CommissionerUnited States Tax Court · 1967
- Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
- 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
- Will Flitcroft and Agnes D. Flitcroft v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1964
- M.T. Straight's Trust, Francis L. McCrea Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1957
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of Hill v. CommissionerUnited States Tax Court · 1975
- Estate of Caswell v. CommissionerUnited States Tax Court · 1974
- Roderick v. CommissionerUnited States Tax Court · 1971
- American Nurseryman Publishing Co. v. CommissionerUnited States Tax Court · 1980
- Touche v. CommissionerUnited States Tax Court · 1972
7 more not listed; retrieve them via the Exa API.