ESTATE OF MANSCILL v. COMMISSIONER
United States Tax Court
Decedent died testate. Petitioner claimed the surviving spouse had a qualifying income interest for life in property (QTIP) transferred from the decedent's estate into "Fund B". Decedent's will provides that the Trustee of Fund B may, with the prior approval of decedent's widow, invade the corpus of Fund B "for the support" of decedent's daughter. Held, the Trustee had the power to appoint part of the corpus of Fund B to someone other than the surviving spouse.
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Decedent died testate. Petitioner claimed the surviving spouse had a qualifying income interest for life in property (QTIP) transferred from the decedent's estate into "Fund B". Decedent's will provides that the Trustee of Fund B may, with the prior approval of decedent's widow, invade the corpus of Fund B "for the support" of decedent's daughter. Held, the Trustee had the power to appoint part of the corpus of Fund B to someone other than the surviving spouse. The surviving spouse does not have a qualifying income interest for life. Petitioner is not entitled to a marital deduction for the…
1Opinion of the Court
ESTATE OF JOHN D. MANSCILL, DECEASED, FRANCES D. MANSCILL WEST, EXECUTRIX, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ESTATE OF MANSCILL v. COMMISSIONER
Docket No. 32405-86
United States Tax Court
1992 U.S. Tax Ct. LEXIS 35; 98 T.C. No. 30;
April 7, 1992, Filed
Decision will be entered under Rule 155.
Decedent died testate. Petitioner claimed the surviving spouse had a qualifying income interest for life in property (QTIP) transferred from the decedent's estate into "Fund B". Decedent's will provides that the Trustee of Fund B may, with the prior approval of decedent's widow, invade…
2Cases cited10 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Jackson v. United StatesSupreme Court of the United States · 1964
- Estate of Milton S. Wycoff, Deceased, Zions First National Bank v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1974
- Rose Gelb, Victor Edwin Gelb, Manufacturers Trust Company, Executors, of the Estate of Harry Gelb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
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