Legal Opinion
Commissioner of Internal Revenue v. Bank of California
Court of Appeals for the Ninth Circuit
Decided April 11, 1946No. 11088PublishedCited by 14 opinions
1Opinion of the Court
DENMAN, Circuit Judge.
The Commissioner seeks review of a decision of the Tax Court holding that in a trust created in 1924 1 of certain properties, the settlor reserving income to her for life, there was no possibility that the corpus would return to her during her lifetime. Upon this holding the Tax Court decided that the corpus of the trust estate was not subject to the estate tax of Section 811(c) of the Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 811(c), since the creation of the trust was not a transfer to take clfect at death.
The trust provided that upon the death of the settlor the trust…
2Cases cited8 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Hassett v. WelchSupreme Court of the United States · 1938
- Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945
- Commissioner v. Estate of FieldSupreme Court of the United States · 1945
- Frances Biddle Trust v. CommissionerUnited States Tax Court · 1944
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commissioner v. Estate of ChurchSupreme Court of the United States · 1949
- Thomas v. GrahamCourt of Appeals for the Fifth Circuit · 1946
- Commissioner of Internal Revenue v. Spiegel's EstateCourt of Appeals for the Seventh Circuit · 1947
- Commissioner of Internal Revenue v. Singer's EstateCourt of Appeals for the Second Circuit · 1947
- Trust Co. of Georgia v. AllenCourt of Appeals for the Fifth Circuit · 1947
9 more not listed; retrieve them via the Exa API.