Legal Opinion

Semmes v. Commissioner

United States Tax Court

Decided September 22, 1959No. Docket No. 72980Published

Held, the bequest of stock in trust to the wife as trustee with the wife to receive the income for life with power to encroach upon the corpus "for her own benefit, at any time she sees fit," did not qualify as a marital deduction.

1Opinion of the Court

Estate of Thomas J. Semmes, Deceased, Elaine P. Semmes, Executrix, Petitioner, v. Commissioner of Internal Revenue, Respondent

Semmes v. Commissioner

Docket No. 72980

United States Tax Court

32 T.C. 1218; 1959 U.S. Tax Ct. LEXIS 86;

September 22, 1959, Filed

Decision will be entered under Rule 50.

Held, the bequest of stock in trust to the wife as trustee with the wife to receive the income for life with power to encroach upon the corpus "for her own benefit, at any time she sees fit," did not qualify as a marital deduction.

Lauch M. Magruder, Jr., Esq., for the petitioner.

George L. Hudspeth, Esq.,…

2Cases cited11 opinions

  1. May v. CommissionerUnited States Tax Court · 1959
  2. Comer v. CommissionerUnited States Tax Court · 1959
  3. Noble v. CommissionerUnited States Tax Court · 1959
  4. Waller v. SprolesTennessee Supreme Court · 1929
  5. Black v. PettigrewCourt of Appeals of Tennessee · 1953

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