Legal Opinion

Marshall v. Commissioner

United States Tax Court

Decided November 30, 1943No. Docket No. 111279PublishedCited by 9 opinions

Bequests to trusts under which the trustees have the power to draft bills and acts, laws, and other legislation, and use all lawful means to have them enacted into law, held not deductible under section 812 (d) of the Internal Revenue Code as bequests exclusively for charitable, scientific, or educational purposes.

1Opinion of the Court

OPINION.

Harron, Judge:

Decedent, a resident of the City and State of New York, died on November 11, 1939. By his will, after a specific bequest of $3,000, he directed that his residuary estate be divided into four parts, and he bequeathed such parts to three separate trusts. There were five individual trustees named in each trust. The trusts were in perpetuity and the trustees were directed to invest and reinvest the principal and apply the income and such part of the principal as they may in their unlimited discretion deem necessary for the objects and purposes of the trust for which they…

2Cases cited1 opinion

  1. Stoeckel v. CommissionerUnited States Tax Court · 1943

3Cited by9 opinions

  1. Huntington Nat'l Bank v. CommissionerUnited States Tax Court · 1949
  2. Whitehead v. CommissionerUnited States Tax Court · 1944
  3. Davis v. CommissionerUnited States Tax Court · 1956
  4. Carson v. CommissionerUnited States Tax Court · 1978
  5. Carson v. CommissionerUnited States Tax Court · 1978

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