West v. Commissioner
United States Tax Court
In 1926 the decedent created a trust under which she was life beneficiary, and cotrustee with a corporate fiduciary. The trustees were authorized to invade corpus for the decedent's "proper maintenance and support" and to provide for stated emergencies. From 1930 until her death the decedent was mentally incompetent, though never adjudged so by court proceedings and never removed as a cotrustee.
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In 1926 the decedent created a trust under which she was life beneficiary, and cotrustee with a corporate fiduciary. The trustees were authorized to invade corpus for the decedent's "proper maintenance and support" and to provide for stated emergencies. From 1930 until her death the decedent was mentally incompetent, though never adjudged so by court proceedings and never removed as a cotrustee. Held, the value of the trust corpus is includible in the decedent's gross estate under section 811(c), I. R. C.
1Opinion of the Court
OPINION.
LeMiRe, Judge:
The question is whether the corpus of the trust created by the decedent is inclüdible in her gross estate as a transfer “intended to take effect in possession or enjoyment at or after his death,” under section 811 (c) of the Internal Revenue Code.
Section 811 (c) is derived from section 302 (c) of the Revenue Act of 1926, as amended by the Joint Resolution of Congress on March 3, 1931. The respondent relies solely upon that part of section 811 (c) which appeared in the original statute.
The respondent contends that the decedent possessed (1) a possibility of reverter by…
2Cases cited11 opinions
- 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
- City Bank Farmers Trust Co. v. McGowanSupreme Court of the United States · 1945
- Hurd v. CommissionerUnited States Tax Court · 1946
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3Cited by5 opinions
- John J. Round, Jr., Executors v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1964
- Noel v. CommissionerUnited States Tax Court · 1962
- Estate of Dell Hinds Higgins v. CommissionerUnited States Tax Court · 1949
- Noel v. CommissionerUnited States Tax Court · 1962
- West v. CommissionerUnited States Tax Court · 1947