Jack v. Commissioner
United States Tax Court
Under testamentary trust testator's widow was given income for life and the trustees were authorized to pay over to the widow so much of the principal as they, in their sole discretion, should deem necessary for her "comfort and support" if they thought the income insufficient. The remainder was given largely to certain charities. The widow had ample means for her comfort and support without recourse to the trust principal.
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Under testamentary trust testator's widow was given income for life and the trustees were authorized to pay over to the widow so much of the principal as they, in their sole discretion, should deem necessary for her "comfort and support" if they thought the income insufficient. The remainder was given largely to certain charities. The widow had ample means for her comfort and support without recourse to the trust principal. Held, the charitable bequests are deductible from gross estate under Ithaca Trust Co. v. United States, 279 U.S. 151, and Hartford-Connecticut Trust Co. v. Eaton, 36 Fed.…
1Opinion of the Court
OPINION.
Ajrtjndell, Judge:
The problem here is whether the estate of the decedent is entitled to a deduction for the charitable bequests under section 812 (d) of the Internal Revenue Code. The respondent takes the position that no deduction is allowable, inasmuch as the trustees were authorized to invade the principal of the fund in behalf of the settlor’s widow if the trustees, in their sole discretion, should deem it necessary for her comfort and support if they thought the income insufficient. It is asserted that this power rendered the charitable bequests too indefinite at the time of…
2Cases cited7 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Allen v. HuntMassachusetts Supreme Judicial Court · 1913
- Cutler v. CommissionerUnited States Tax Court · 1945
- Estate of Wetherill v. CommissionerUnited States Tax Court · 1945
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Jennings v. CommissionerUnited States Tax Court · 1948
- Lincoln Rochester Trust Co v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Schoonmaker v. CommissionerUnited States Tax Court · 1946
- Jones v. CommissionerUnited States Tax Court · 1957
- Noble v. CommissionerUnited States Tax Court · 1959
31 more not listed; retrieve them via the Exa API.