Legal Opinion

Darling v. Commissioner

United States Tax Court

Decided January 29, 1965No. Docket No. 94949Published

Charitable Deduction -- Remainder Interests. -- Petitioners conveyed to a private trustee remainder interests in improved real property, retaining unto themselves for their lives the right to all the rents, issues, and profits therefrom and the right to occupation, possession, and control thereof, together with the discretion to determine whether the property should be disposed of by sale or exchange and the terms thereof and, also, discretion as to reinvestment of the…

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Charitable Deduction -- Remainder Interests. -- Petitioners conveyed to a private trustee remainder interests in improved real property, retaining unto themselves for their lives the right to all the rents, issues, and profits therefrom and the right to occupation, possession, and control thereof, together with the discretion to determine whether the property should be disposed of by sale or exchange and the terms thereof and, also, discretion as to reinvestment of the proceeds of any sale in either real or personal property. Held, that because of the powers retained by the donor-petitioners,…

1Opinion of the Court

James L. Darling and Marion C. Darling, Petitioners, v. Commissioner of Internal Revenue, Respondent

Darling v. Commissioner

Docket No. 94949

United States Tax Court

43 T.C. 520; 1965 U.S. Tax Ct. LEXIS 134;

January 29, 1965, Filed January 29, 1965, Filed

Decision will be entered under Rule 50.

Charitable Deduction -- Remainder Interests. -- Petitioners conveyed to a private trustee remainder interests in improved real property, retaining unto themselves for their lives the right to all the rents, issues, and profits therefrom and the right to occupation, possession, and control thereof, together…

2Cases cited16 opinions

  1. Helvering v. R. J. Reynolds Tobacco Co.Supreme Court of the United States · 1939
  2. Marie H. Hamm v. Commissioner of Internal Revenue, William Hamm, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
  3. United States v. MichelSupreme Court of the United States · 1931
  4. Smith v. ShaughnessySupreme Court of the United States · 1943
  5. Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955

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