Sinclaire v. Commissioner
United States Tax Court
Decedent's father, as the nominal settlor, created a trust consisting of assets transferred to him by decedent without consideration and for the purpose of enabling him to create such trust for her benefit. Under the trust instrument, decedent was given the income for life and the power to appoint the remainder interests.
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Decedent's father, as the nominal settlor, created a trust consisting of assets transferred to him by decedent without consideration and for the purpose of enabling him to create such trust for her benefit. Under the trust instrument, decedent was given the income for life and the power to appoint the remainder interests. Held, that decedent was the real settlor of the trust and that the value of the trust corpus is includible in her gross estate under the provisions of sections 811 (c) and 811 (d) (2), Internal Revenue Code.
1Opinion of the Court
OPINION.
LeMiRE, Judge:
This proceeding involves a deficiency in estate tax in the amount of $58,821.28. Of the several adjustments made in the return, the only one in controversy here is whether respondent erred in including in the gross estate of the decedent, Grace D. Sinclaire, the value at the date of her death of the corpus of a trust created on June 30, 1926.
The facts are set out in a written stipulation which, together with the documents attached thereto, we adopt as our findings. The material facts are as follows:
Grace D. Sinclaire died May 26, 1943, a resident of Plum Creek Banch,…
2Cases cited3 opinions
- Fidelity-Philadelphia Trust Co. v. RothensiesSupreme Court of the United States · 1945
- Estate of Eckhardt v. CommissionerUnited States Tax Court · 1945
- Sweeney v. CommissionerUnited States Tax Court · 1944
3Cited by23 opinions
- Smith v. CommissionerUnited States Tax Court · 1971
- McIntosh v. CommissionerUnited States Tax Court · 1956
- Newberry v. CommissionerUnited States Tax Court · 1951
- Akron, C. & Y. R. Co. v. CommissionerUnited States Tax Court · 1954
- Daniel J. Mahoney Jr., of the Estate of James M. Cox Jr. v. United StatesCourt of Appeals for the Sixth Circuit · 1987
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