Frew v. Commissioner
United States Tax Court
In 1922 the decedent created three irrevocable trusts, the income of which was to be paid absolutely to the named beneficiary.
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In 1922 the decedent created three irrevocable trusts, the income of which was to be paid absolutely to the named beneficiary. The trustees, consisting of the decedent and the Corn Exchange Bank, were empowered in their sole discretion if in their opinion the net income "be insufficient for the proper maintenance and support of said beneficiary, [to] apply to such purposes so much of the respective part of the principal from which said income is derived as they may deem proper." Each trust also contained a "spendthrift" provision, giving the trustees discretionary power in the event of the…
1Opinion of the Court
OPINION.
Leech, Judge’.
One of the reasons assigned by respondent in the deficiency notice for the inclusion of the corpora of the three trusts in decedent’s gross estate is that they were made in contemplation of death within the purview of section 811 (c) of the Internal Revenue Code. On the trial the respondent conceded no question of the decedent’s health was involved. On brief, he advances no argument that the transfers were testamentary in character. Assuming there has been no abandonment of this issue, we think the oral testimony adduced and the instruments themselves clearly indicate…
2Cases cited11 opinions
- Allen v. Trust Co. of Ga.Supreme Court of the United States · 1946
- In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
- Estate of Budlong v. CommissionerUnited States Tax Court · 1946
- In re McVicarAppellate Division of the Supreme Court of the State of New York · 1931
- Toeller v. CommissionerUnited States Tax Court · 1946
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. PowellCourt of Appeals for the Tenth Circuit · 1962
- Wilson v. CommissionerUnited States Tax Court · 1949
- Budd v. CommissionerUnited States Tax Court · 1968
- United States v. PowellCourt of Appeals for the Tenth Circuit · 1962
- Estate of Kasch v. CommissionerUnited States Tax Court · 1958
4 more not listed; retrieve them via the Exa API.