Legal Opinion

Broderick v. Commissioner

United States Board of Tax Appeals

Decided December 23, 1938No. Docket No. 89759Published

Held, where in 1919 and 1930, several years prior to her death and while she was in good health, decedent conveyed property by irrevocable trusts to a trustee in order (a) to protect a family trust in the latter's hands, (b) to relieve herself from management of the properties conveyed, and (c) to assure to herself the income from the trust corpus during the remainder of her life, the transfer was not made in contemplation of death; held, further, the fact that decedent…

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Held, where in 1919 and 1930, several years prior to her death and while she was in good health, decedent conveyed property by irrevocable trusts to a trustee in order (a) to protect a family trust in the latter's hands, (b) to relieve herself from management of the properties conveyed, and (c) to assure to herself the income from the trust corpus during the remainder of her life, the transfer was not made in contemplation of death; held, further, the fact that decedent reserved to herself the income from the trust during her lifetime and provided for distribution of its income and corpus…

1Opinion of the Court

JOHN K. BRODERICK, EXECUTOR OF THE ESTATE OF EMILIE C. BRODERICK, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Broderick v. Commissioner

Docket No. 89759.

United States Board of Tax Appeals

38 B.T.A. 1421; 1938 BTA LEXIS 739;

December 23, 1938, Promulgated

Held, where in 1919 and 1930, several years prior to her death and while she was in good health, decedent conveyed property by irrevocable trusts to a trustee in order (a) to protect a family trust in the latter's hands, (b) to relieve herself from management of the properties conveyed, and (c) to assure to herself the…

2Cases cited2 opinions

  1. Boswell v. CommissionerUnited States Board of Tax Appeals · 1938
  2. Broderick v. CommissionerUnited States Board of Tax Appeals · 1938

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