Estate of Freeman v. Commissioner
United States Tax Court
At the time of his death at age 28 decedent possessed a general power of appointment over an inter vivos trust created by his mother and father for his benefit. As a result of a swimming accident when he was 16 years old decedent was a quadriplegic. Decedent never saw the trust instrument and was never informed about, and had no actual knowledge of, his rights under the trust.
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At the time of his death at age 28 decedent possessed a general power of appointment over an inter vivos trust created by his mother and father for his benefit. As a result of a swimming accident when he was 16 years old decedent was a quadriplegic. Decedent never saw the trust instrument and was never informed about, and had no actual knowledge of, his rights under the trust. Held, the value of the trust property over which decedent possessed a general power of appointment is includable in his gross estate for estate tax purposes under sec. 2041(a)(2), I.R.C. 1954.
1Opinion of the Court
OPINION
Drennen, Judge:
Respondent determined a deficiency in the estate tax of the Estate of James C. Freeman in the amount of $10,079.58. The sole issue for decision is whether the value of property over which decedent purportedly held a general power of appointment at his death is includable in decedent’s gross estate under section 2041, I.R.C. 1954.1
All of the facts have been stipulated. The stipulation together with associated exhibits are incorporated herein by this reference.
James C. Freeman (decedent) died intestate on June 19, 1970. At the time of his death, decedent was a resident of…
2Cases cited17 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Commissioner v. Estate of NoelSupreme Court of the United States · 1965
- Estate of Rogers v. CommissionerSupreme Court of the United States · 1943
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Estate of Alperstein v. CommissionerUnited States Tax Court · 1978
- Estate of Nancy E. Rosenblatt, Deceased, Joseph Rosenblatt, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1980
- Estate of Penner v. CommissionerUnited States Tax Court · 1977
- Estate of Alperstein v. CommissionerUnited States Tax Court · 1978
- Estate of Freeman v. CommissionerUnited States Tax Court · 1976
3 more not listed; retrieve them via the Exa API.