Legal Opinion

Estate of Halpern v. Commissioner

United States Tax Court

Decided July 31, 1995No. Docket No. 5413-92Unpublished

A trust established for D's benefit under the will of her husband, H, provided for payment to her of income for life (and principal according to an ascertained standard) and gave her a testamentary general power of appointment. Distributions of trust principal were made to members of D's family, both before and after D, having suffered a stroke, was adjudged incompetent. Those distributions were not authorized by H's will or by court order.

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A trust established for D's benefit under the will of her husband, H, provided for payment to her of income for life (and principal according to an ascertained standard) and gave her a testamentary general power of appointment. Distributions of trust principal were made to members of D's family, both before and after D, having suffered a stroke, was adjudged incompetent. Those distributions were not authorized by H's will or by court order. All living members of the family, including D, agreed, either personally or through custodians, to the distributions before D's incompetency; D did not…

1Opinion of the Court

ESTATE OF LILLIAN L. HALPERN, DECEASED, BERNARD M. HALPERN AND IRVING J. HALPERN, EXECUTORS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Halpern v. Commissioner

Docket No. 5413-92

United States Tax Court

T.C. Memo 1995-352; 1995 Tax Ct. Memo LEXIS 345; 70 T.C.M. (CCH) 229;

July 31, 1995, Filed

Decision will be entered under Rule 155.

A trust established for D's benefit under the will of her husband, H, provided for payment to her of income for life (and principal according to an ascertained standard) and gave her a testamentary general power of appointment. Distributions of…

2Cases cited112 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. Smith T. v. BellSupreme Court of the United States · 1832
  4. Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
  5. Craig v. LeslieSupreme Court of the United States · 1818

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