Legal Opinion

Estate of Kurz v. Commissioner

United States Tax Court

Decided July 21, 1993No. Docket No. 17865-90Published

Decedent had the right to consume the principal of the marital trust fund. In the event the principal of the marital trust fund was completely exhausted, decedent had the right each year to consume up to 5 percent of the principal of the family trust fund. At the time of decedent's death, the principal of the marital trust fund had not been completely exhausted.

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Decedent had the right to consume the principal of the marital trust fund. In the event the principal of the marital trust fund was completely exhausted, decedent had the right each year to consume up to 5 percent of the principal of the family trust fund. At the time of decedent's death, the principal of the marital trust fund had not been completely exhausted. Respondent argues that property subject to any contingent general power of appointment otherwise includable under sec. 2041, I.R.C., should be included in a decedent's estate unless the event or contingency is beyond the decedent's…

1Opinion of the Court

Estate of Ethel H. Kurz, Deceased, the First National Bank of Chicago, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Kurz v. Commissioner

Docket No. 17865-90

United States Tax Court

101 T.C. 44; 1993 U.S. Tax Ct. LEXIS 44; 101 T.C. No. 3;

July 21, 1993, Filed

Decision will be entered under Rule 155.

Decedent had the right to consume the principal of the marital trust fund. In the event the principal of the marital trust fund was completely exhausted, decedent had the right each year to consume up to 5 percent of the principal of the family trust fund. At the time of…

2Cases cited10 opinions

  1. Porter v. CommissionerSupreme Court of the United States · 1933
  2. United States v. FieldSupreme Court of the United States · 1921
  3. Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
  4. Heiner v. TindleSupreme Court of the United States · 1928
  5. Estate of Fannie Alperstein, Deceased, Rosalind A. Greenberg, Administratrix v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979

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