Davison v. Commissioner
United States Board of Tax Appeals
DEDUCTIONS. - ESTATES. - BEQUESTS TO CHARITY. - Petitioner's decedent created a trust by his will, the income payable to his widow for life, with certain remainder interests to charitable institutions upon her death, granting to her, however, a power of appointment by her will as to the total trust estate. More than five years after decedent's death his widow formally renounced the power granted.
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DEDUCTIONS. - ESTATES. - BEQUESTS TO CHARITY. - Petitioner's decedent created a trust by his will, the income payable to his widow for life, with certain remainder interests to charitable institutions upon her death, granting to her, however, a power of appointment by her will as to the total trust estate. More than five years after decedent's death his widow formally renounced the power granted. Held, that as of decedent's death, the estates bequeathed to charities, being subject to defeat through exercise of the power, had no determinable value, and, furthermore, there being no certainty,…
1Opinion of the Court
GEORGE W. DAVISON, AS EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF ROSWELL ELDRIDGE, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Davison v. Commissioner
Docket No. 50355.
United States Board of Tax Appeals
31 B.T.A. 101; 1934 BTA LEXIS 1160;
August 28, 1934, Promulgated
DEDUCTIONS. - ESTATES. - BEQUESTS TO CHARITY. - Petitioner's decedent created a trust by his will, the income payable to his widow for life, with certain remainder interests to charitable institutions upon her death, granting to her, however, a power of appointment by her will as to the total trust…
2Cases cited21 opinions
- Knowlton v. MooreSupreme Court of the United States · 1900
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Weiss v. WeinerSupreme Court of the United States · 1929
- Young Men's Christian Assn. of Columbus v. DavisSupreme Court of the United States · 1924
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