Legal Opinion

Carter v. Commissioner

United States Tax Court

Decided March 17, 1959No. Docket Nos. 62591, 62592Published

Husband and wife respectively executed trust agreements on December 26 and 27, 1935. Husband's trust gave income to wife for life with secondary life estate to his children and remainder to grandchildren. Wife's trust gave income to husband for life with remainder in two-thirds of trust to two children and secondary life estate in one-third of the trust to other child with remainder to his children.

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Husband and wife respectively executed trust agreements on December 26 and 27, 1935. Husband's trust gave income to wife for life with secondary life estate to his children and remainder to grandchildren. Wife's trust gave income to husband for life with remainder in two-thirds of trust to two children and secondary life estate in one-third of the trust to other child with remainder to his children. Held: Trust created by husband is includible in wife's gross estate and trust created by wife is includible in husband's gross estate. Allan S. Lehman et al., Executors, 39 B.T.A. 17, affd. 109 F.…

1Opinion of the Court

Estate of Laura Carter, Deceased, Roger E. Carter, Laura C. Fahy, and Elizabeth C. Richards, Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent. Estate of Ernest Trow Carter, Deceased, Edward L. Richards and The Chase Manhattan Bank (Successor by Merger to The Chase National Bank of the City of New York), Executors, Petitioners, v. Commissioner of Internal Revenue, Respondent

Carter v. Commissioner

Docket Nos. 62591, 62592

United States Tax Court

31 T.C. 1148; 1959 U.S. Tax Ct. LEXIS 221;

March 17, 1959, Filed

Decisions will be entered under Rule 50.

Husband and wife…

2Cases cited11 opinions

  1. Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
  2. Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
  3. Cole's Estate v. Com'r of Internal RevenueCourt of Appeals for the Eighth Circuit · 1944
  4. Hanauer's Estate v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1945
  5. Lehman v. CommissionerUnited States Board of Tax Appeals · 1939

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