Legal Opinion

Rosenwasser v. Commissioner

United States Tax Court

Decided November 13, 1945No. Docket No. 6189Published

In 1930 the decedent, a widow, created a trust of substantially all of her property, with her son as trustee. The trust instrument provided that the net income of the trust should be paid to the grantor during her life and that upon her death the trust assets should be distributed equally among her children; it also provided that the trustee, with the consent of her other two children, might pay to the grantor such further amounts from the principal of the trust estate as…

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In 1930 the decedent, a widow, created a trust of substantially all of her property, with her son as trustee. The trust instrument provided that the net income of the trust should be paid to the grantor during her life and that upon her death the trust assets should be distributed equally among her children; it also provided that the trustee, with the consent of her other two children, might pay to the grantor such further amounts from the principal of the trust estate as the trustee "may deem proper or necessary in order to provide for my maintenance and comfort." No part of the trust…

1Opinion of the Court

Estate of Ida Rosenwasser, Paul M. Rosenwasser, Trustee, Petitioner, v. Commissioner of Internal Revenue, Respondent

Rosenwasser v. Commissioner

Docket No. 6189

United States Tax Court

5 T.C. 1043; 1945 U.S. Tax Ct. LEXIS 43;

November 13, 1945, Promulgated

Decision will be entered for the respondent.

In 1930 the decedent, a widow, created a trust of substantially all of her property, with her son as trustee. The trust instrument provided that the net income of the trust should be paid to the grantor during her life and that upon her death the trust assets should be distributed equally among her…

2Cases cited6 opinions

  1. Hassett v. WelchSupreme Court of the United States · 1938
  2. May v. HeinerSupreme Court of the United States · 1930
  3. Bradley v. CommissionerUnited States Tax Court · 1943
  4. Rosenwasser v. CommissionerUnited States Tax Court · 1945
  5. Gallois v. CommissionerUnited States Tax Court · 1945

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