Benjamin v. Commissioner
United States Tax Court
Under decedent's will the remainder of her estate was placed in trust with instructions to the trustee "To pay over to my husband during his lifetime the entire net income derived from my estate and such amount of the principal thereof as he may from time to time direct." Upon the husband's death the remainder of the estate was to be distributed to decedent's nieces and nephews.
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Under decedent's will the remainder of her estate was placed in trust with instructions to the trustee "To pay over to my husband during his lifetime the entire net income derived from my estate and such amount of the principal thereof as he may from time to time direct." Upon the husband's death the remainder of the estate was to be distributed to decedent's nieces and nephews. Held, decedent's husband was given an unlimited power to invade the principal of the trust and the value of the trust qualifies for the marital deduction.
1Opinion of the Court
Estate of Wilhelmina L. Benjamin, Deceased, by the First National Bank of Chicago, Executor, Petitioner, v. Commissioner of Internal Revenue, Respondent
Benjamin v. Commissioner
Docket No. 3584-63
United States Tax Court
44 T.C. 598; 1965 U.S. Tax Ct. LEXIS 53;
July 20, 1965, Filed
Decision will be entered under Rule 50.
Under decedent's will the remainder of her estate was placed in trust with instructions to the trustee "To pay over to my husband during his lifetime the entire net income derived from my estate and such amount of the principal thereof as he may from time to time direct." Upon the…
2Cases cited27 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- Walker v. PritchardIllinois Supreme Court · 1887
- Commissioner of Internal Revenue v. Estate of Harry A. Ellis, Deceased, Helen R. Ellis, Bernard B. Largman and Dan Denenberg, ExecutorsCourt of Appeals for the Third Circuit · 1958
- Henderson v. BlackburnIllinois Supreme Court · 1882
- Connecticut Bank & Trust Co. v. LymanSupreme Court of Connecticut · 1961
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