Legal Opinion

Davis v. Commissioner

United States Tax Court

Decided June 14, 1956No. Docket No. 57320Published

Decedent bequeathed the residue of his estate to a bank in trust with directions to use the income and the principal, if necessary, to make payments of specific amounts to the student nurses enrolled in the Lutheran Hospital School of Nursing at the time of his death or thereafter attending such school. Held, the bequest is deductible under section 812 (d) of the Internal Revenue Code of 1939.

1Opinion of the Court

Estate of Harley J. Davis, Lincoln National Bank and Trust Company, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent

Davis v. Commissioner

Docket No. 57320

United States Tax Court

26 T.C. 549; 1956 U.S. Tax Ct. LEXIS 158;

June 14, 1956, Filed

Decision will be entered under Rule 50.

Decedent bequeathed the residue of his estate to a bank in trust with directions to use the income and the principal, if necessary, to make payments of specific amounts to the student nurses enrolled in the Lutheran Hospital School of Nursing at the time of his death or thereafter attending such…

Also in this document: Dissent.

2Cases cited7 opinions

  1. Huntington Nat'l Bank v. CommissionerUnited States Tax Court · 1949
  2. Bok v. McCaughnCourt of Appeals for the Third Circuit · 1930
  3. Eagan v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1930
  4. Marshall v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
  5. Marshall v. CommissionerUnited States Tax Court · 1943

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