Cutler v. Commissioner
United States Tax Court
Decedent created a testamentary trust devising to the trustee certain property and, under a general power of appointment in a prior trust, the income from such prior trust during the further term thereof, and also the principal of the prior trust upon its termination. The prior trust was to terminate upon the death of decedent's brother.
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Decedent created a testamentary trust devising to the trustee certain property and, under a general power of appointment in a prior trust, the income from such prior trust during the further term thereof, and also the principal of the prior trust upon its termination. The prior trust was to terminate upon the death of decedent's brother. Testamentary trustee was directed to pay the income of the testamentary trust to decedent's widow during her life and was authorized to make payments from principal thereof for her use and benefit as it, in its sole discretion, might deem advisable. Certain…
1Opinion of the Court
Estate of Nathan P. Cutler (Jr.) Deceased, Newton Trust Company, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent. Newton Trust Company, Transferee and Trustee, Petitioner, v. Commissioner of Internal Revenue, Respondent
Cutler v. Commissioner
Docket Nos. 3684, 3683
United States Tax Court
5 T.C. 1304; 1945 U.S. Tax Ct. LEXIS 12;
December 27, 1945, Promulgated
Decision will be entered under Rule 50.
Decedent created a testamentary trust devising to the trustee certain property and, under a general power of appointment in a prior trust, the income from such prior trust during the…
Also in this document: Dissent.
2Cases cited11 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Humes v. United StatesSupreme Court of the United States · 1928
- Fletcher Trust Co. v. CommissionerUnited States Tax Court · 1943
- Berlenbach v. Chemical Bank and Trust CompanyNew York Court of Appeals · 1932
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