Burrow Trust v. Commissioner
United States Tax Court
Decedent had created a revocable inter vivos trust which was included in her gross estate but not in her probate estate. Trustees' fees were paid by the trust for services performed which were primarily incidental to the decedent's death. The fees were deducted as administration expenses by the trust for income tax purposes and by the estate for estate tax purposes. Both deductions were disallowed.
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Decedent had created a revocable inter vivos trust which was included in her gross estate but not in her probate estate. Trustees' fees were paid by the trust for services performed which were primarily incidental to the decedent's death. The fees were deducted as administration expenses by the trust for income tax purposes and by the estate for estate tax purposes. Both deductions were disallowed. The disallowance of the income tax deduction was treated by respondent as creating additional distributable income of the trust and a deficiency was asserted against a beneficiary for his share of…
1Opinion of the Court
Dawson, Judge:
The respondent determined deficiencies in income and estate taxes of petitioners as follows:
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BINDINGS OB BAOT.
The stipulated facts are so found and are incorporated herein by this reference.
Mary E. Burrow of Topeka, Kans., executed a declaration of trust on August 7, 1956, transferring certain income-producing properties to the Central National Bank and Trust Co. of Topeka, or its successor corporation, as trustee. After her death J. E. Merriam, L. P. Humphreys, and Esther Shaffer were to serve as cotrustees, hereinafter referred to as individual trustees.
Due to a…
2Cases cited11 opinions
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Neave v. CommissionerUnited States Tax Court · 1952
- Estate of Reid v. CommissionerUnited States Tax Court · 1950
- Adams v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1940
- Abbett v. CommissionerUnited States Tax Court · 1952
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Henry C. Beck Builders, Inc. v. CommissionerUnited States Tax Court · 1964
- Estate of Heckscher v. CommissionerUnited States Tax Court · 1975
- Verito v. CommissionerUnited States Tax Court · 1965
- Estate of Black v. Comm'rUnited States Tax Court · 2009
- Bray v. CommissionerUnited States Tax Court · 1966
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