Legal Opinion

Pacific Nat'l Bank v. Commissioner

United States Board of Tax Appeals

Decided June 22, 1939No. Docket No. 91048Published

1. Where the wife of a decedent in a community property state (Washington) waives all her interest in the marital community and acquiesces in the creation by her husband of a testamentary trust disposing of all his property (with unimportant exceptions), including all community property, held, that there is no present transfer to the husband by reason of the waiver which will justify the inclusion of the wife's share of the community property in the decedent's gross estate.…

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1. Where the wife of a decedent in a community property state (Washington) waives all her interest in the marital community and acquiesces in the creation by her husband of a testamentary trust disposing of all his property (with unimportant exceptions), including all community property, held, that there is no present transfer to the husband by reason of the waiver which will justify the inclusion of the wife's share of the community property in the decedent's gross estate. 2. Where the decedent by a trust indenture has subjected the proceeds, not otherwise includable in his gross estate, of…

1Opinion of the Court

THE PACIFIC NATIONAL BANK OF SEATTLE, AS EXECUTOR OF THE LAST WILL OF FRANK V. MORGAN, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Pacific Nat'l Bank v. Commissioner

Docket No. 91048.

United States Board of Tax Appeals

40 B.T.A. 128; 1939 BTA LEXIS 893;

June 22, 1939, Promulgated

1. Where the wife of a decedent in a community property state (Washington) waives all her interest in the marital community and acquiesces in the creation by her husband of a testamentary trust disposing of all his property (with unimportant exceptions), including all community property, held,…

2Cases cited8 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Burnet v. WellsSupreme Court of the United States · 1933
  3. Lang v. CommissionerSupreme Court of the United States · 1938
  4. Pacific Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1939
  5. Bloor v. BloorWashington Supreme Court · 1919

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