Legal Opinion

Moore v. Commissioner

United States Board of Tax Appeals

Decided January 19, 1939No. Docket No. 88944Published

Where a person transfers property to a trustee under an indenture of trust which provides that the income shall be paid to the settlor for life and that upon his death the corpus shall be paid over to whomsoever the settlor leaves real estate located in a particular place under his last will and testament, the settlor has not made a gift of the remainder interest within the purview of section 501 of the Revenue Act of 1932 as amended by section 511 of the Revenue Act of 1934.

1Opinion of the Court

ADA SMALL MOORE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Moore v. Commissioner

Docket No. 88944.

United States Board of Tax Appeals

39 B.T.A. 147; 1939 BTA LEXIS 1067;

January 19, 1939, Promulgated

Where a person transfers property to a trustee under an indenture of trust which provides that the income shall be paid to the settlor for life and that upon his death the corpus shall be paid over to whomsoever the settlor leaves real estate located in a particular place under his last will and testament, the settlor has not made a gift of the remainder interest within the purview…

2Cases cited1 opinion

  1. Moore v. CommissionerUnited States Board of Tax Appeals · 1939

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