Legal Opinion

Estate of Vissering v. Commissioner

United States Tax Court

Decided May 23, 1991No. Docket No. 1525-89Published

Decedent, a cotrustee of a family trust established by his mother, was a beneficiary of the trust under a provision that allowed an invasion of the trust principal as "required for [his] continued comfort, support, maintenance, or education." Decedent was incapacitated, and decedent's daughter was appointed as guardian of his person and as conservator of his estate.

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Decedent, a cotrustee of a family trust established by his mother, was a beneficiary of the trust under a provision that allowed an invasion of the trust principal as "required for [his] continued comfort, support, maintenance, or education." Decedent was incapacitated, and decedent's daughter was appointed as guardian of his person and as conservator of his estate. Held, decedent possessed at his death a general power of appointment over the principal of the trust within the meaning of sec. 2041(a)(2), so that the value of the trust principal is includable in the value of decedent's gross…

1Opinion of the Court

Estate of Norman H. Vissering, Deceased, Elizabeth L. Lafferty, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Vissering v. Commissioner

Docket No. 1525-89

United States Tax Court

96 T.C. 749; 1991 U.S. Tax Ct. LEXIS 40; 96 T.C. No. 33;

May 23, 1991, Filed

Decision will be entered under Rule 155.

Decedent, a cotrustee of a family trust established by his mother, was a beneficiary of the trust under a provision that allowed an invasion of the trust principal as "required for [his] continued comfort, support, maintenance, or education." Decedent was incapacitated, and…

2Cases cited28 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Morgan v. CommissionerSupreme Court of the United States · 1940
  3. Horace S. Miller, Jr. And Isabel M. Campbell, Co-Executors of the Estate of Isabella Steel Miller, Deceased v. United StatesCourt of Appeals for the Third Circuit · 1968
  4. Strite v. McGinnesCourt of Appeals for the Third Circuit · 1964
  5. Mesler v. HollyDistrict Court of Appeal of Florida · 1975

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