Seltzer v. Commissioner
United States Tax Court
Decedent-grantor established a trust on December 3, 1936, under the terms of which the income of seven-ninths of the trust estate was payable to his wife for life. Upon her death, such income was payable to grantor until his death.
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Decedent-grantor established a trust on December 3, 1936, under the terms of which the income of seven-ninths of the trust estate was payable to his wife for life. Upon her death, such income was payable to grantor until his death. Upon his death, or the death of his wife if she survived him, the trust estate was to be delivered to grantor's son, if living, otherwise to his then living children per stirpes or their issue, the trust, however, to continue as to those under 21 years of age. If no children or issue, the estate was to be delivered to the son's spouse if living, otherwise to a…
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The Commissioner included in the value of the gross estate of decedent the amount of $20,129.90. In explanation of the adjustment, it is stated in the statement attached to the deficiency notice, in part, as follows:
In Schedule G of your estate tax return you reported but did not include In the gross estate the corpus of a trust established by the decedent grantor on December 3, 1936. * * * It is held that the value of the assets in the trust at the date of decedent’s death is includible in the gross estate under the provisions of Section 811 (c) and/or 811 (d) of…
2Cases cited8 opinions
- Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
- Helvering v. HelmholzSupreme Court of the United States · 1935
- White v. PoorSupreme Court of the United States · 1935
- Coulter v. CommissionerUnited States Tax Court · 1946
- Thorp v. CommissionerUnited States Tax Court · 1946
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Seltzer v. CommissionerUnited States Tax Court · 1948
- Seltzer v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1949