Cohen Testamentary Trust v. Commissioner
United States Board of Tax Appeals
The decedent on February 25, 1931, conveyed certain personal property in trust with a limited power of revocation, reserving the income for life, and after his death the principal and income to be distributed "in accordance with the instructions given his testamentary trustee under the terms of his last Will and Testament."
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The decedent on February 25, 1931, conveyed certain personal property in trust with a limited power of revocation, reserving the income for life, and after his death the principal and income to be distributed "in accordance with the instructions given his testamentary trustee under the terms of his last Will and Testament." The decedent had previously executed his will on September 14, 1926, in which, after making certain specific bequests, he had left the residue of his estate in trust for the benefit of his wife for life, with remainders over. The decedent died August 11, 1931, and his will…
1Opinion of the Court
OPINION.
Smith :
This proceeding is for the redetermination of deficiencies in income tax of the estate of Joel C. Cohen, deceased, for the years 1984, 3935, and 1936, as follows:
1934_$34.41
1935_152.39
1936_ 445.27
Total_ 632. 07
The questions in issue are (1) whether the decedent’s estate in process of administration is taxable in 1934, 1935, and 1936 on the income from certain property which the decedent during his lifetime had con*1075veyed in trust and, in the alternative, whether, if such income is in-cludable in the gross income of decedent’s estate, it is deductible by the estate as income…
2Cases cited25 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Joy v. St. LouisSupreme Court of the United States · 1891
- United States v. FieldSupreme Court of the United States · 1921
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Loring v. PalmerSupreme Court of the United States · 1886
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3Cited by1 opinion
- Cohen Testamentary Trust v. CommissionerUnited States Board of Tax Appeals · 1940