Shepherd v. Commissioner
United States Board of Tax Appeals
A state court has held that the property in question did not pass under a general power of appointment. That case has never been appealed from or overruled and there is no showing that the decision is in conflict with the law of the state as established by statute or by decisions of other courts of the state. Held, the decision is binding upon the Board as to whether or not the property passed under a general power of appointment.
1Opinion of the Court
Opinion.
MuRdock :
The Commissioner determined a deficiency of $326.17,in estate tax. The first issue is whether the Commissioner erred in including in the decedent’s gross estate an item of $145,669.21 on the ground that it represented the value at the date of the decedent’s death of trust property over which his father had given him a power of appointment. If that property is to be included in the decedent’s gross estate, the next issue is whether the value should be reduced by $5,883.33 representing fees of trustees and attorneys paid out of that property. The final issue is whether or not…
2Cases cited5 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Tyler v. United StatesSupreme Court of the United States · 1930
- Warburton v. WhiteSupreme Court of the United States · 1900
- City Bank Farmers Trust Co. v. SchnaderSupreme Court of the United States · 1934
- Sharp v. CommissionerSupreme Court of the United States · 1938
3Cited by7 opinions
- United States v. The Merchants National Bank of Mobile, as Under the Will of Nettie F. Turner, DeceasedCourt of Appeals for the Fifth Circuit · 1958
- Craig v. United StatesDistrict Court, W.D. Pennsylvania · 1946
- Botts v. CommissionerUnited States Board of Tax Appeals · 1940
- Botz v. CommissionerUnited States Board of Tax Appeals · 1941
- Clegg v. CommissionerUnited States Board of Tax Appeals · 1942
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