Legal Opinion

Estate of De Foucaucourt v. Commissioner

United States Tax Court

Decided July 8, 1974No. Docket Nos. 7932-71, 7933-71Published

1. Decedent created an inter vivos trust, the income from which was payable to her for life. Upon decedent's death, the trust terminated with distribution of the trust property to her estate and two individuals. Executors of decedent's estate included the value of the trust assets after deducting trustee commissions payable under State law.

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1. Decedent created an inter vivos trust, the income from which was payable to her for life. Upon decedent's death, the trust terminated with distribution of the trust property to her estate and two individuals. Executors of decedent's estate included the value of the trust assets after deducting trustee commissions payable under State law. Held, trustees' commissions are either excludable from the gross estate or deductible from the gross estate under sec. 2053, I.R.C. 1954. 2. Decedent owned an undivided one-half interest in real property which she sold to two nephews for less than full and…

1Opinion of the Court

Estate of Marie A. De Foucaucourt, Deceased, Lloyd V. Almirall and Manufacturers Hanover Trust Company, Executors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of De Foucaucourt v. Commissioner

Docket Nos. 7932-71, 7933-71

United States Tax Court

62 T.C. 485; 1974 U.S. Tax Ct. LEXIS 79; 62 T.C. No. 53;

July 8, 1974, Filed

Decisions will be entered under Rule 155.

1. Decedent created an inter vivos trust, the income from which was payable to her for life. Upon decedent's death, the trust terminated with distribution of the trust property to her estate and two individuals.…

2Cases cited20 opinions

  1. United States v. Provident Trust Co.Supreme Court of the United States · 1934
  2. United States v. O'MALLEYSupreme Court of the United States · 1966
  3. Estate of Daniel McNichol Deceased, Ellen McNichol Evangelista and Joseph G. McNichol Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  4. McNichol v. CommissionerUnited States Tax Court · 1958
  5. Burrow Trust v. CommissionerUnited States Tax Court · 1963

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