Moreno v. Commissioner
United States Tax Court
Decedent and her husband executed identical trusts, on the same day, and each transferred to them $ 125,000 paid-up insurance. The trusts each provided the other spouse would receive a life income after settlor's death and other rights to invade the corpus.
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Decedent and her husband executed identical trusts, on the same day, and each transferred to them $ 125,000 paid-up insurance. The trusts each provided the other spouse would receive a life income after settlor's death and other rights to invade the corpus. Held, the trusts were reciprocal under the doctrine of Lehman v. Commissioner, 109 F. 2d 99, and the value of the husband's trust was rightly included in decedent's gross estate under section 811 (c) (1) (B) and (c) (1) (C), I. R. C. 1939.
1Opinion of the Court
Mulroney, Judge:
The respondent determined a deficiency in the estate tax of the Estate of Florence B. Moreno in the amount of $88,649.89. The sole issue in the case is whether the value of the insurance trust of decedent’s husband, Theodore, is includible in decedent’s estate for Federal estate tax purposes under section 811 (c) (1) (B) and (c) (1) (C), Internal Revenue Code of 1939.
FINDINGS OF FACT.
Some of the facts have been stipulated and are found accordingly.
Florence B. Moreno died at the age of 14 on May 3, 1952, and the Federal estate tax return for her estate was filed with the…
2Cases cited14 opinions
- Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Cole's Estate v. Com'r of Internal RevenueCourt of Appeals for the Eighth Circuit · 1944
- Hanauer's Estate v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1945
- Blunt v. KellyCourt of Appeals for the Third Circuit · 1942
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Estate of Florence B. Moreno, Deceased, Harriet Moreno Bischoff and St. Louis Union Trust Company, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1958
- Arents v. CommissionerUnited States Tax Court · 1960
- Estate of Marshall v. CommissionerUnited States Tax Court · 1969
- Island Gas, Inc. v. CommissionerUnited States Tax Court · 1958
- Estate of Tomec v. CommissionerUnited States Tax Court · 1963
7 more not listed; retrieve them via the Exa API.