Legal Opinion

Keinath v. Commissioner

United States Tax Court

Decided May 22, 1972No. Docket Nos. 4646-49 -- 4650-69Published

John's will provided that most of his estate was to be placed in trust with the income paid to his widow for her life. At the death of the life beneficiary the assets of the trust were to be divided equally between his two sons John, Jr., and Cargill; but in the event that one (or both) of the sons predeceased his mother his share was to be divided among his lineal descendants per stirpes.

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John's will provided that most of his estate was to be placed in trust with the income paid to his widow for her life. At the death of the life beneficiary the assets of the trust were to be divided equally between his two sons John, Jr., and Cargill; but in the event that one (or both) of the sons predeceased his mother his share was to be divided among his lineal descendants per stirpes. John died in 1944. John, Jr., and Cargill acted as trustees of the testamentary trust until the death of John, Jr., in 1960 after which time Cargill acted as sole trustee. In 1963 John's widow died, and…

1Opinion of the Court

Pauline Keinath, Transferee of Assets of Cargill MacMillan, Transferor, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Keinath v. Commissioner

Docket Nos. 4646-49 -- 4650-69

United States Tax Court

58 T.C. 352; 1972 U.S. Tax Ct. LEXIS 117;

May 22, 1972, Filed

Decisions will be entered under Rule 50.

John's will provided that most of his estate was to be placed in trust with the income paid to his widow for her life. At the death of the life beneficiary the assets of the trust were to be divided equally between his two sons John, Jr., and Cargill; but in the event that one (or…

2Cases cited6 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  3. Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
  4. Fuller v. CommissionerUnited States Tax Court · 1961
  5. Keinath v. CommissionerUnited States Tax Court · 1972

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