Estate of Gilliat v. Commissioner
United States Tax Court
In 1928 decedent transferred certain property in trust, the income from which was to be paid to him during his life and, upon his death, the principal of which was to be distributed to his daughter and son, if surviving him, or to their issue surviving them. No other remainderman was designated to take if the grantor survived all the remaindermen named.
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In 1928 decedent transferred certain property in trust, the income from which was to be paid to him during his life and, upon his death, the principal of which was to be distributed to his daughter and son, if surviving him, or to their issue surviving them. No other remainderman was designated to take if the grantor survived all the remaindermen named. Held, that the value of the trust corpus is not includible in the decedent's gross estate under the provisions of section 811 (c) of the Internal Revenue Code. Estate of Edward P. Hughes, 7 T.C. 1348 and other similar cases, followed.
1Opinion of the Court
Estate of Gilliat G. Schroeder, Deceased, Louisa R. Schroeder and Helen S. Croll, Executors v. Commissioner.
Estate of Gilliat v. Commissioner
Docket No. 9805.
United States Tax Court
1947 Tax Ct. Memo LEXIS 203; 6 T.C.M. (CCH) 568; T.C.M. (RIA) 47138;
May 26, 1947
In 1928 decedent transferred certain property in trust, the income from which was to be paid to him during his life and, upon his death, the principal of which was to be distributed to his daughter and son, if surviving him, or to their issue surviving them. No other remainderman was designated to take if the grantor survived all the…
2Cases cited2 opinions
- Hughes v. CommissionerUnited States Tax Court · 1946
- Friedman v. CommissionerUnited States Tax Court · 1947