Gartland v. Commissioner
United States Tax Court
Decedent's father in 1929 created a trust providing for payment of income for life to decedent in discretion of trustee, and after decedent's death life income to be paid to decedent's wife or children until they reached a stated age at which time principal was to be distributed to them or as they might appoint by will or to their descendants. Decedent was given a general power of appointment to amend or terminate the trust and to change any beneficial interest thereunder.
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Decedent's father in 1929 created a trust providing for payment of income for life to decedent in discretion of trustee, and after decedent's death life income to be paid to decedent's wife or children until they reached a stated age at which time principal was to be distributed to them or as they might appoint by will or to their descendants. Decedent was given a general power of appointment to amend or terminate the trust and to change any beneficial interest thereunder. Decedent, after amending the trust in 1931 and 1938 to require that the entire income be paid to him for life, executed…
1Opinion of the Court
OPINION.
Scott, Judge:
Respondent determined a deficiency in petitioner’s
estate tax in the amount of $88,941.53. Concessions of each party are to be reflected in a computation under Rule 50.
The sole issue remaining for decision is the correctness of respondent’s action in including in the gross estate of the decedent, Leo M. Gartland, the amount of $258,968.29, representing the value of the corpus of a trust created by Matthew F. Gartland, decedent’s father, on July 10, 1929.
The facts have been stipulated and are found accordingly.
Petitioner’s estate tax return was filed on June 12, 1956, with…
2Cases cited2 opinions
- Groman v. CommissionerSupreme Court of the United States · 1937
- Estate of Rogers v. CommissionerSupreme Court of the United States · 1943
3Cited by4 opinions
- Estate of Leo M. Gartland, Deceased, Matthew Gartland, Administrator v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1961
- Lombard v. CommissionerUnited States Tax Court · 1966
- Gartland v. CommissionerUnited States Tax Court · 1960
- Lombard v. CommissionerUnited States Tax Court · 1966