Legal Opinion

Trust Under Will of Mabury v. Commissioner

United States Tax Court

Decided April 21, 1983No. Docket Nos. 6119-80, 6120-80Published

The will of decedent, who died on Oct. 16, 1964, provided for the establishment of a "charitable trust" as defined by sec. 4947(a)(1), I.R.C. 1954. The terms of the trust provided for accumulation of all trust income during the existence of the trust.

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The will of decedent, who died on Oct. 16, 1964, provided for the establishment of a "charitable trust" as defined by sec. 4947(a)(1), I.R.C. 1954. The terms of the trust provided for accumulation of all trust income during the existence of the trust. The trust is to terminate upon the earlier of (1) the publication of a designated book by a specified organization described in sec. 509(a)(1), or (2) the expiration of 21 years from the death of the survivor of three persons named in decedent's will. If the trust terminates as a result of the book's being published, the trust estate is to be…

1Opinion of the Court

Trust Under the Will of Bella Mabury, Deceased, Walter R. Hilker, Jr., Trustee, Petitioner v. Commissioner of Internal Revenue, Respondent

Trust Under Will of Mabury v. Commissioner

Docket Nos. 6119-80, 6120-80

United States Tax Court

80 T.C. 718; 1983 U.S. Tax Ct. LEXIS 95; 80 T.C. No. 34;

April 21, 1983, Filed

Decisions will be entered for the petitioner.

The will of decedent, who died on Oct. 16, 1964, provided for the establishment of a "charitable trust" as defined by sec. 4947(a)(1), I.R.C. 1954. The terms of the trust provided for accumulation of all trust income during the existence of the…

2Cases cited12 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  3. Pinellas Ice & Cold Storage Co. v. CommissionerSupreme Court of the United States · 1933
  4. Turner v. Board of TrusteesCalifornia Supreme Court · 1976
  5. Gordon v. CommissionerUnited States Tax Court · 1978

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