Moran v. Commissioner
United States Tax Court
Petitioner's decedent held powers of appointment by will, under two trusts, created prior to the amendment of section 811 of the Internal Revenue Code in 1942. She died in 1947, leaving a will in which she disposed of the property, giving, devising, bequeathing, and appointing it as residuary estate, to her children and their heirs. Her children all survived her and were the same persons who, if surviving her, would have taken in default of appointment.
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Petitioner's decedent held powers of appointment by will, under two trusts, created prior to the amendment of section 811 of the Internal Revenue Code in 1942. She died in 1947, leaving a will in which she disposed of the property, giving, devising, bequeathing, and appointing it as residuary estate, to her children and their heirs. Her children all survived her and were the same persons who, if surviving her, would have taken in default of appointment. She also, in her will, created contingent provisions other than in the trusts which would, had such persons not survived her, have affected…
1Opinion of the Court
OPINION.
Disney, Judge:
Estate tax is involved in this case. Deficiency was determined in the amount of $11,899.58. The question for determination is whether the Commissioner erred in including in decedent’s gross estate the value of corpus and accumulated income of two trusts, within section 811 (c) and (f) of the Internal Revenue Code. Except for the admission in evidence of the estate tax return, filed for the estate of Sarah V. Moran, all facts were stipulated. We adopt the stipulation by reference and find all facts as stipulated, and further find that there were not included in the estate…
2Cases cited5 opinions
- Helvering v. R. J. Reynolds Tobacco Co.Supreme Court of the United States · 1939
- Estate of Rogers v. CommissionerSupreme Court of the United States · 1943
- Helvering v. GrinnellSupreme Court of the United States · 1935
- Cooper v. HainesCourt of Appeals of Maryland · 1889
- Guaranty Trust Co. v. JohnsonCourt of Appeals for the Second Circuit · 1948
3Cited by7 opinions
- Keating v. MayerCourt of Appeals for the Third Circuit · 1956
- Wilson v. Kraemer, Collector of Internal RevenueCourt of Appeals for the Second Circuit · 1951
- Minot v. CommissionerUnited States Tax Court · 1966
- Keating v. MayerDistrict Court, E.D. Pennsylvania · 1955
- Keating v. MayerCourt of Appeals for the Third Circuit · 1956
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