Legal Opinion

Sachter v. United States

District Court, S.D. New York

Decided March 31, 1970No. 65 Civ. 3895PublishedCited by 1 opinion

1Opinion of the Court

MANSFIELD, District Judge.

In this suit for a refund of estate taxes based on plaintiffs’ contention that the estate should have been allowed a charitable deduction pursuant to § 2055(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 2055(a),1 defendant has moved *672for summary judgment dismissing the complaint. The issue is whether the will contains standards for a life tenant’s invasion of trust principal that render a contingent remainder to charity “presently ascertainable.” For the reasons stated below, we hold that it does not and grant the motion. The undisputed facts are as follows:

On…

2Cases cited17 opinions

  1. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  2. Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
  3. Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
  4. Blodget v. Delaney, CollectorCourt of Appeals for the First Circuit · 1953
  5. Hartford-Connecticut Trust Co. v. EatonCourt of Appeals for the Second Circuit · 1929

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3Cited by1 opinion

  1. Booher v. United StatesDistrict Court, S.D. Ohio · 1973

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