Earle v. Commissioner
United States Tax Court
1. Decedent's husband died in 1923, leaving the residue of his estate in trust. He provided that the income accruing to the trust estate should be distributed at such times and in such amounts as the trustees should deem best, said income to be paid one-third to his wife and one-third to each of his two sons or their heirs, the trust to terminate at the death of the wife and the corpus to go to the two sons or their heirs.
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1. Decedent's husband died in 1923, leaving the residue of his estate in trust. He provided that the income accruing to the trust estate should be distributed at such times and in such amounts as the trustees should deem best, said income to be paid one-third to his wife and one-third to each of his two sons or their heirs, the trust to terminate at the death of the wife and the corpus to go to the two sons or their heirs. The trustees made some distributions of income, but accumulated a considerable portion thereof. Decedent, when asked in 1935 whether she wanted any more distributions from…
1Opinion of the Court
OPINION.
Arundell, Judge'.
Respondent has determined that one-third of the undistributed income of the George W. Earle trust (stated in the deficiency notice to be $268,417.51) is includible in the gross estate of decedent, Emma Earle, under the provisions of section 811 (a) of the Internal Revenue Code.1 The reasons for his action were expressed in the deficiency notice as follows:
In view of the failure of the testator [George W. Earle] to provide for an accumulation and his failure to provide for the disposition of any accumulation, it is held, that his wife, this decedent, acquired an…
2Cases cited3 opinions
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Bedford v. CommissionerUnited States Tax Court · 1943
- Detroit Trust Co. v. Detroit Trust Co.Michigan Supreme Court · 1932
3Cited by15 opinions
- Estate of Christ v. Comm'rUnited States Tax Court · 1970
- Tiffany v. CommissionerUnited States Tax Court · 1967
- Estate of Davis v. CommissionerUnited States Tax Court · 1972
- Hagenlocher v. CommissionerUnited States Tax Court · 1964
- Earle v. CommissionerUnited States Tax Court · 1945
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