Nelson v. Commissioner
United States Tax Court
Pursuant to a divorce settlement agreement, decedent created a trust whereby his former wife, Helen, was to receive all or a portion of the income from the trust property and was further given alternative rights to receive, or make a testamentary disposition of, certain portions of the corpus. Decedent retained a contingent interest and decedent's issue were given a contingent remainder in portions of the corpus. Decedent and Helen had no issue at the time of their divorce.
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Pursuant to a divorce settlement agreement, decedent created a trust whereby his former wife, Helen, was to receive all or a portion of the income from the trust property and was further given alternative rights to receive, or make a testamentary disposition of, certain portions of the corpus. Decedent retained a contingent interest and decedent's issue were given a contingent remainder in portions of the corpus. Decedent and Helen had no issue at the time of their divorce. Decedent retained a power to alter or amend the trust agreement in conjunction with Helen. Held, the value of the…
1Opinion of the Court
Tannenwald, Judge:
Respondent determined a deficiency in tbe estate tax of petitioner in the amount of $354,911.22.
The sole issue for our determination is what portion, if any, of an inter vivos trust set up for tbe benefit of tbe former wife of petitioner’s decedent is includable in bis estate.1
FINDINGS OF FACT
Some of tbe facts have been stipulated and are found accordingly.
Petitioner is tbe Estate of Donald M. Nelson, deceased. The decedent died on September 29,1959, in Los Angeles, Calif., and his widow, Lena M. Nelson, is tbe duly appointed executrix of tbe estate. Petitioner’s estate tax…
2Cases cited17 opinions
- Harris v. CommissionerSupreme Court of the United States · 1950
- Helvering v. HelmholzSupreme Court of the United States · 1935
- Gregory v. CommissionerUnited States Tax Court · 1963
- Glen v. CommissionerUnited States Tax Court · 1966
- United States v. Howard Past, of the Estate of Edna C. Rosedale Ogg, DeceasedCourt of Appeals for the Ninth Circuit · 1965
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Estate of Frothingham v. CommissionerUnited States Tax Court · 1973
- United States v. Richard S. Righter, of the Estate of Edna Beaham Mersereau, DeceasedCourt of Appeals for the Eighth Circuit · 1968
- O'Nan v. CommissionerUnited States Tax Court · 1967
- Estate of Iversen v. CommissionerUnited States Tax Court · 1975
- Estate of Satz v. CommissionerUnited States Tax Court · 1982
12 more not listed; retrieve them via the Exa API.