Estate of Vose v. Commissioner

SUPPLEMENTAL OPINION.

Harron, Judge:

The respondent has abandoned the contention that the transfer of property to The Yose Family Trust was made in contemplation of death, and that gifts of the trust certificates were made in contemplation of death.

The petitioners concede that part of the value of the trust in question is includible in the decedent’s gross estate because of his retention of the use of part of the income thereof, and of a power of appointment by will of those who could have the use of the trust after his death.

The question is whether there shall be excluded from the amount of…