Commissioner of Internal Revenue v. Estate of Hinds

HUTCHESON, Chief Judge.

The commissioner, complaining of the decision of the Tax Court, presents for decision the question: whether the Tax Court erred in failing to hold that taxpayer’s entire interest in certain community property, irrevocably transferred in trust for the use and benefit of his wife and their children, was, under Sec. 811(c) of the Internal Revenue Code, 26 U.S.C.A. § 811(c), includable within taxpayer’s gross estate because taxpayer retained the possession and enjoyment of, or right to the income from the property during his life.

This is the record. On Dec. 31, 1940,…