Legal Opinion

Campanari v. Commissioner

United States Tax Court

Decided July 23, 1945No. Docket No. 4384PublishedCited by 25 opinions

1. Decedent and others created an irrevocable trust in 1923, under the terms of which four-fifteenths of the trust income was to be paid to decedent during her lifetime and upon the death of the survivor of decedent and her brother the trust was to terminate and the property was to be distributed to designated beneficiaries.

Read the full summary

1. Decedent and others created an irrevocable trust in 1923, under the terms of which four-fifteenths of the trust income was to be paid to decedent during her lifetime and upon the death of the survivor of decedent and her brother the trust was to terminate and the property was to be distributed to designated beneficiaries. Held, decedent's death was not the "intended event" which enlarged the estate of any of the grantees and no amount is includible in decedent's gross estate as a transfer intended to take effect in possession or enjoyment at or after death under section 811 (c) of the…

1Opinion of the Court

OPINION.

ÁRündell, Judge:

The first problem before us concerns the includi-bility in the decedent’s gross estate, under the provisions of section 811 (c) of the Internal Revenue Code, of the value of a one-third interest in the trust created by the decedent and others in 1923. By the terms of the trust instrument at least four-fifteenths of the income was to be paid ever to decedent during her lifetime. If either of the other primary beneficiaries had predeceased the decedent and had left no living issue or descendants, the decedent would have been entitled to a greater percentage of the trust…

2Cases cited7 opinions

  1. Hassett v. WelchSupreme Court of the United States · 1938
  2. May v. HeinerSupreme Court of the United States · 1930
  3. Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945
  4. Commissioner v. Estate of FieldSupreme Court of the United States · 1945
  5. Bradley v. CommissionerUnited States Tax Court · 1943

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

3Cited by25 opinions

  1. Hall v. CommissionerUnited States Tax Court · 1946
  2. Drybrough v. United StatesDistrict Court, W.D. Kentucky · 1962
  3. Porter v. CommissionerUnited States Tax Court · 1967
  4. Mathias v. Commissioners of Internal RevenueUnited States Tax Court · 1968
  5. Estate of Johnson v. CommissionerUnited States Tax Court · 1981

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API