Edelman v. Commissioner
United States Tax Court
1. Held, that a power of appointment granted to the decedent under the will of her deceased husband, under which she was authorized to appoint to her estate (but not to herself) the whole or any part of the principal of a trust created under said will, is a "general power of appointment" within the meaning of section 2041(a)(2) and (b)(1) of the 1954 Code. 2. Held, further, that the decedent held said power of appointment at the time of her death, although she was at that…
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1. Held, that a power of appointment granted to the decedent under the will of her deceased husband, under which she was authorized to appoint to her estate (but not to herself) the whole or any part of the principal of a trust created under said will, is a "general power of appointment" within the meaning of section 2041(a)(2) and (b)(1) of the 1954 Code. 2. Held, further, that the decedent held said power of appointment at the time of her death, although she was at that time mentally deranged but had never been adjudicated to be incompetent. 3. Held, further, that the value of the trust…
1Opinion of the Court
Estate of Rebecca Edelman, Deceased, Samuel B. Waterman, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent
Edelman v. Commissioner
Docket No. 82436
United States Tax Court
38 T.C. 972; 1962 U.S. Tax Ct. LEXIS 62;
September 28, 1962, Filed
Decision will be entered for the respondent.
1. Held, that a power of appointment granted to the decedent under the will of her deceased husband, under which she was authorized to appoint to her estate (but not to herself) the whole or any part of the principal of a trust created under said will, is a "general power of appointment" within the…
2Cases cited12 opinions
- Burnet v. HarmelSupreme Court of the United States · 1932
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Lyeth v. HoeySupreme Court of the United States · 1938
- Finch v. GoldsteinNew York Court of Appeals · 1927
- Philbrick v. CommissionerUnited States Tax Court · 1956
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