Mollenberg's Estate v. Commissioner of Internal Revenue

FRANK, Circuit Judge.

The Commissioner asserted that the full value of the trust property was includible in decedent’s gross estate, because the transfer of the stock in trust was a revocable transfer as defined in § 811(d) (2) of the Internal Revenue Code. Petitioners contend that the transfer should not be included in the gross estate, because the transfer was a bona fide sale for an adequate- consideration. In the alternative they argue that the enjoyment of the trust property was not subject to any power on the part of the decedent to “alter, amend, or revoke”.

The Tax Court having found…