Legal Opinion

Robinson v. Commissioner

United States Tax Court

Decided December 8, 1980No. Docket No. 2384-79Published

In 1972, petitioner elected to let her husband's will direct the disposition of her community property share. As a result, petitioner's community share became the corpus of the W trust. Petitioner is the trustee and income beneficiary of the W trust and held the limited powers to appoint its corpus which she released in 1976. Held, petitioner's 1976 release of her limited powers to appoint W trust corpus is a taxable gift of the remainder interest in her community share.

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In 1972, petitioner elected to let her husband's will direct the disposition of her community property share. As a result, petitioner's community share became the corpus of the W trust. Petitioner is the trustee and income beneficiary of the W trust and held the limited powers to appoint its corpus which she released in 1976. Held, petitioner's 1976 release of her limited powers to appoint W trust corpus is a taxable gift of the remainder interest in her community share. Held, further, the value of the gift is not reduced under sec. 2512(b), I.R.C. 1954, by the interest petitioner received in…

1Opinion of the Court

Myra B. Robinson, Petitioner v. Commissioner of Internal Revenue, Respondent

Robinson v. Commissioner

Docket No. 2384-79

United States Tax Court

75 T.C. 346; 1980 U.S. Tax Ct. LEXIS 19;

December 8, 1980, Filed

Decision will be entered for the respondent.

In 1972, petitioner elected to let her husband's will direct the disposition of her community property share. As a result, petitioner's community share became the corpus of the W trust. Petitioner is the trustee and income beneficiary of the W trust and held the limited powers to appoint its corpus which she released in 1976. Held, petitioner's 1976…

2Cases cited42 opinions

  1. Slay v. Burnett TrustTexas Supreme Court · 1945
  2. Johnson v. PeckhamTexas Supreme Court · 1938
  3. Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
  4. Estate of Christ v. Comm'rUnited States Tax Court · 1970
  5. Estate of Daisy F. Christ, Deceased, Robert Johnson Christ v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1973

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