Estate of Graves v. Commissioner
United States Tax Court
D created a trust in 1927. She retained a right to trust income, various rights with respect to the trustee, and a right to distribute income and designate beneficiaries. She expressly relinquished the right to revoke the trust in favor of herself or her husband. In 1945, D released her right to distribute income and designate beneficiaries but retained the right to receive trust income.
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D created a trust in 1927. She retained a right to trust income, various rights with respect to the trustee, and a right to distribute income and designate beneficiaries. She expressly relinquished the right to revoke the trust in favor of herself or her husband. In 1945, D released her right to distribute income and designate beneficiaries but retained the right to receive trust income. Held: A transfer to the trust, within the meaning of sec. 2036(c), 1All section references are to the Internal Revenue Code as amended and in effect as of the date of the decedent's death, and all Rule…
1Opinion of the Court
OPINION
RUWE, Judge:
This case is before the Court on petitioner’s motion for summary judgment and respondent’s cross-motion for summary judgment, filed pursuant to Rule 121. In his notice of deficiency, respondent determined a deficiency of $179,036.50 in the Federal estate tax of the Estate of Annabel Dye Graves (decedent). After concessions by petitioner, the issue for decision is whether a 1927 trust is includable in the gross estate of the decedent pursuant to sections 2036 or 2038.
Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Shiosaki v.…
2Cases cited32 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Naftel v. CommissionerUnited States Tax Court · 1985
- Espinoza v. CommissionerUnited States Tax Court · 1982
- Shiosaki v. CommissionerUnited States Tax Court · 1974
- United States v. ByrumSupreme Court of the United States · 1972
27 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Estate of Jalkut v. CommissionerUnited States Tax Court · 1991
- Estate of Bowgren v. CommissionerUnited States Tax Court · 1995
- Estate of Graves v. CommissionerUnited States Tax Court · 1989
- Estate of Jalkut v. CommissionerUnited States Tax Court · 1991
- Estate of Levitt v. CommissionerUnited States Tax Court · 1990
2 more not listed; retrieve them via the Exa API.