Morris v. Commissioner
United States Board of Tax Appeals
Power of appointment required by donor to be exercised by will or instrument in the nature thereof, held, validly exercised under the law of Pennsylvania where donee, relinquishing power of disposition, transferred to trustees the remainder interest which was the subject of the power, and the Orphans' Court distributed donor's estate in accordance therewith; held, further, property subject to the power is includable in donee's gross estate where beneficiary expressly claims…
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Power of appointment required by donor to be exercised by will or instrument in the nature thereof, held, validly exercised under the law of Pennsylvania where donee, relinquishing power of disposition, transferred to trustees the remainder interest which was the subject of the power, and the Orphans' Court distributed donor's estate in accordance therewith; held, further, property subject to the power is includable in donee's gross estate where beneficiary expressly claims thereunder. Helvering v. Grinnell,294 U.S. 153, and James C. Webster et al., Executors,38 B.T.A. 273, distinguished.
1Opinion of the Court
*413OPINION.
Opper :
The question here is whether anything “passed”1 to Evan Morris Wilson by virtue of any general power of appointment exercised by Mary Adele Morris by will or by deed executed in contemplation of or intended to take effect in possession or enjoyment at or after her death.2 Petitioner contends in effect that the question must be answered in the negative for two reasons — first, because decedent never exercised her power of appointment, and, second, because even if she did the beneficiary took under the will creating the power and no property passed by virtue of the exercise…
2Cases cited18 opinions
- Klein v. United StatesSupreme Court of the United States · 1931
- Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
- Helvering v. GrinnellSupreme Court of the United States · 1935
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- Lyon v. AlexamderSupreme Court of Pennsylvania · 1931
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3Cited by2 opinions
- Morris v. CommissionerUnited States Board of Tax Appeals · 1938
- Wakefield v. CommissionerUnited States Board of Tax Appeals · 1941