Legal Opinion

Estate of Freeman v. Commissioner

United States Tax Court

Decided November 10, 1976No. Docket No. 4727-74Published

At the time of his death at age 28 decedent possessed a general power of appointment over an inter vivos trust created by his mother and father for his benefit. As a result of a swimming accident when he was 16 years old decedent was a quadriplegic. Decedent never saw the trust instrument and was never informed about, and had no actual knowledge of, his rights under the trust.

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At the time of his death at age 28 decedent possessed a general power of appointment over an inter vivos trust created by his mother and father for his benefit. As a result of a swimming accident when he was 16 years old decedent was a quadriplegic. Decedent never saw the trust instrument and was never informed about, and had no actual knowledge of, his rights under the trust. Held, the value of the trust property over which decedent possessed a general power of appointment is includable in his gross estate for estate tax purposes under sec. 2041(a)(2), I.R.C. 1954.

1Opinion of the Court

Estate of James C. Freeman, Deceased, Phil R. Freeman, Administrator, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Freeman v. Commissioner

Docket No. 4727-74

United States Tax Court

67 T.C. 202; 1976 U.S. Tax Ct. LEXIS 28;

November 10, 1976, Filed

Decision will be entered for the respondent.

At the time of his death at age 28 decedent possessed a general power of appointment over an inter vivos trust created by his mother and father for his benefit. As a result of a swimming accident when he was 16 years old decedent was a quadriplegic. Decedent never saw the trust instrument…

2Cases cited18 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. New York Trust Co. v. EisnerSupreme Court of the United States · 1921
  3. Riggs v. Del DragoSupreme Court of the United States · 1942
  4. Commissioner v. Estate of NoelSupreme Court of the United States · 1965
  5. Estate of Rogers v. CommissionerSupreme Court of the United States · 1943

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