Legal Opinion

Holderness v. Commissioner

United States Board of Tax Appeals

Decided October 8, 1935No. Docket No. 67945Published

The decedent created an irrevocable trust providing for payment of the net income from the estate to her for life and, upon the termination of the trust at the death of the survivor of two named persons, for the distribution of the corpus to her, if living, otherwise to any surviving hunsband, or children, and upon their failure to take, to others then living.

Read the full summary

The decedent created an irrevocable trust providing for payment of the net income from the estate to her for life and, upon the termination of the trust at the death of the survivor of two named persons, for the distribution of the corpus to her, if living, otherwise to any surviving hunsband, or children, and upon their failure to take, to others then living. No provision was made for payment of the corpus in case of failure of any of the specified parties to take under the trust agreement. She reserved the power to change the proportions of the estate distributable to any of the parties…

1Opinion of the Court

W. H. HOLDERNESS, ADMINISTRATOR, ESTATE OF EMELIA S. STERNBERGER, SUCCESSOR TO LUCIAN I. STRAUSS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Holderness v. Commissioner

Docket No. 67945.

United States Board of Tax Appeals

33 B.T.A. 155; 1935 BTA LEXIS 795;

October 8, 1935, Promulgated

The decedent created an irrevocable trust providing for payment of the net income from the estate to her for life and, upon the termination of the trust at the death of the survivor of two named persons, for the distribution of the corpus to her, if living, otherwise to any surviving hunsband, or…

2Cases cited1 opinion

  1. Holderness v. CommissionerUnited States Board of Tax Appeals · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API