Legal Opinion

Goldstein v. Commissioner

United States Tax Court

Decided February 9, 1962No. Docket Nos. 80834, 80835, 80836, 80837, 80843, 80844, 80845, 89376PublishedCited by 6 opinions

Irrevocable transfer in trust in 1943, to pay specified amounts periodically from income to named beneficiaries, and upon termination to distribute principal to named beneficiaries. Trustor reserved power in himself to change, substitute, or eliminate beneficiaries of principal (except he could not substitute himself as beneficiary), but not of income or accumulated income.

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Irrevocable transfer in trust in 1943, to pay specified amounts periodically from income to named beneficiaries, and upon termination to distribute principal to named beneficiaries. Trustor reserved power in himself to change, substitute, or eliminate beneficiaries of principal (except he could not substitute himself as beneficiary), but not of income or accumulated income. Trust instrument gave trustees power during term of trust to distribute principal and excess income to any of named beneficiaries in their uncontrolled discretion, and also reserved to trustor the right to designate…

1Opinion of the Court

OPINION.

DRennen, Judge:

In Docket No. 89376, respondent determined deficiencies in gift tax dne from petitioner Nathan E. Goldstein and additions to tax for the taxable years and in the amounts as follows:

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In Docket Nos. 80834, 80837, 80844, and 80845, respondent determined that petitioners, J oseph Goldstein, Miriam Goldstein Sommer, Estate of Annie Goldstein, Deceased, Nathan E. Goldstein, Executor, and David I. Goldstein, each are liable for gift tax for 1954 in the amount of $1,640.69, as transferees of Nathan E. Goldstein.

In Docket Nos. 80835, 80836, and 80843, respondent…

2Cases cited30 opinions

  1. Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
  2. Burnet v. GuggenheimSupreme Court of the United States · 1933
  3. Smith v. ShaughnessySupreme Court of the United States · 1943
  4. Robinette v. HelveringSupreme Court of the United States · 1943
  5. Rasquin v. HumphreysSupreme Court of the United States · 1939

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3Cited by6 opinions

  1. Ward v. CommissionerUnited States Tax Court · 1986
  2. Estate of Goelet v. CommissionerUnited States Tax Court · 1968
  3. Powe v. CommissionerUnited States Tax Court · 1966
  4. Estate of Goelet v. CommissionerUnited States Tax Court · 1968
  5. Goldstein v. CommissionerUnited States Tax Court · 1962

1 more not listed; retrieve them via the Exa API.

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