Pratt v. Commissioner
United States Tax Court
1. In 1903 the decedent created a trust for the benefit of himself and remaindermen. The trust was to endure for the lives of two individuals and the survivor of them, one of whom died prior to the death of the decedent. The trust income was to be paid to the grantor for life. Upon the termination of the trust the trust principal was to be paid over to the decedent, if then living, and, if not, to others.
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1. In 1903 the decedent created a trust for the benefit of himself and remaindermen. The trust was to endure for the lives of two individuals and the survivor of them, one of whom died prior to the death of the decedent. The trust income was to be paid to the grantor for life. Upon the termination of the trust the trust principal was to be paid over to the decedent, if then living, and, if not, to others. The decedent died in 1939. Held, that the trust corpus was a part of decedent's gross estate. 2. Between 1918 and 1932 the decedent created five trusts for the benefit of different persons,…
1Opinion of the Court
OPINION.
Smith, Judge-.
This proceeding is for the redetermination of a deficiency in estate tax in the amount of $3,393,543.99. A number of issues presented have been disposed of by a stipulation of the parties. The issues for decision are:(1) Whether section 811 (c) of the Internal Revenue Code, in so far as it requires that there shall be included in the gross estate of the decedent the value of the corpus of an inter vivos trust created January 15, 1903, or any part thereof, is retroactive, void and in contravention of the Constitution of the United States where (a) the transfer to the…
2Cases cited19 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Hassett v. WelchSupreme Court of the United States · 1938
- Milliken v. United StatesSupreme Court of the United States · 1931
- Untermyer v. AndersonSupreme Court of the United States · 1928
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3Cited by8 opinions
- Barnard v. CommissionerUnited States Tax Court · 1945
- Barnard v. CommissionerUnited States Tax Court · 1945
- Barnard v. CommissionerUnited States Tax Court · 1945
- Estate of George P. Rhodes v. CommissionerUnited States Tax Court · 1947
- Estate of Julius B. Weil v. CommissionerUnited States Tax Court · 1946
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