Beachy v. Commissioner
United States Tax Court
Held, as determined by the Supreme Court of the State of Kansas, in McEwen v. Enoch, 167 Kan. 119, 204 P. 2d 736, the trust involved was void because it violated the rule against perpetuities and the gifts to decedent's grandchildren were accelerated. Also, held, the gifts in question were not made in contemplation of death.
1Opinion of the Court
OPINION.
Hill, Judge:
The respondent urges that the value of the property of the Cyrus M. Beachy Trust No. 1 is includible in the decedent’s gross estate under any one of three theories: (1) that it represented property in which decedent had an interest under section 811 (a) of the Internal Revenue Code; (2) that the transfer on November 11, 1939, and subsequent transfers to the trust in question were in contemplation of death, or to take effect at death under section 811 (c); or (3) that the transfers were revocable within the purview of section 811 (d) (1).
The value of the property is not…
2Cases cited5 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Estate of Johnson v. CommissionerUnited States Tax Court · 1948
- Blake-Curtis v. BlakeSupreme Court of Kansas · 1939
- McEwen v. EnochSupreme Court of Kansas · 1949
- Varick v. CommissionerUnited States Tax Court · 1948
3Cited by1 opinion
- Beachy v. CommissionerUnited States Tax Court · 1950