Estate of Bowling v. Commissioner
United States Tax Court
A testamentary trust, which funded a surviving spousal annuity, granted the trustee power to invade trust corpus during the life of the surviving spouse for the emergency needs not only of the surviving spouse but also of decedent's surviving son and brother.
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A testamentary trust, which funded a surviving spousal annuity, granted the trustee power to invade trust corpus during the life of the surviving spouse for the emergency needs not only of the surviving spouse but also of decedent's surviving son and brother. Held, because a payment could be made from trust corpus funding the annuity to someone other than the surviving spouse during the surviving spouse's life, the interest passing to the surviving spouse was not a qualifying income or annuity interest under secs. 2056(b)(7)(B) or (C), I.R.C. 1954, as amended.
1Opinion of the Court
Estate of Roger D. Bowling, Deceased, C. Lloyd Clay, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent
Estate of Bowling v. Commissioner
Docket No. 47121-86
United States Tax Court
93 T.C. 286; 1989 U.S. Tax Ct. LEXIS 122; 93 T.C. No. 26;
August 31, 1989August 31, 1989, Filed
Decision will be entered under Rule 155.
A testamentary trust, which funded a surviving spousal annuity, granted the trustee power to invade trust corpus during the life of the surviving spouse for the emergency needs not only of the surviving spouse but also of decedent's surviving son and brother. Held,…
2Cases cited19 opinions
- In Matter of Campbell's TrustsSupreme Court of Minnesota · 1977
- Estate of Higgins v. CommissionerUnited States Tax Court · 1988
- Estate of Bowling v. CommissionerUnited States Tax Court · 1989
- Norton v. Georgia Railroad Bank & TrustSupreme Court of Georgia · 1984
- DuBose v. BoxSupreme Court of Georgia · 1980
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