Legal Opinion

Hall v. Commissioner

United States Tax Court

Decided April 30, 1946No. Docket No. 3469PublishedCited by 26 opinions

In 1929 and 1930 decedent turned over to his two children certain securities for the purpose of having the children create two trusts. In all particulars here material the trusts were identical.

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In 1929 and 1930 decedent turned over to his two children certain securities for the purpose of having the children create two trusts. In all particulars here material the trusts were identical. The income was to be paid to decedent for life, then to his wife for life, and upon the death of the survivor the corpus was to be paid to his children and to the descendants of any deceased child per stirpes, or if no children or descendants of a deceased child should be living, then it was to be distributed among the heirs at law of the decedent in accordance with the statute of descent of the State…

1Opinion of the Court

OPINION.

Black, Judge-.

This proceeding involves the determination of a deficiency of $49,620.32 in estate tax. The deficiency is due to several adjustments made by the respondent to the net estate of the decedent as disclosed by the estate tax return. All of these adjustments are small except one. This latter one is the only one contested and represents an addition to the value of the gross estate of two “Transfers” in the total amount of $159,794.40. In a statement attached to the deficiency notice the respondent explained these transfers as follows:

Transfers

Returned Determined

The following…

2Cases cited21 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  3. Helvering v. StuartSupreme Court of the United States · 1942
  4. Hassett v. WelchSupreme Court of the United States · 1938
  5. May v. HeinerSupreme Court of the United States · 1930

16 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. King v. CommissionerUnited States Tax Court · 1962
  2. Schwartz v. CommissionerUnited States Tax Court · 1947
  3. Smith v. CommissionerUnited States Tax Court · 1971
  4. Hughes v. CommissionerUnited States Tax Court · 1946
  5. Graham v. CommissionerUnited States Tax Court · 1966

21 more not listed; retrieve them via the Exa API.

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