Denniston v. Commissioner
United States Board of Tax Appeals
1. Where the evidence shows that one of the dominant and controlling motives which influenced decedent to execute a relinquishment of a reserved general power of appointment over property which she had conveyed in a trust indenture executed long prior thereto, was to avoid estate taxes on her estate after her death, held, that such relinquishment was in contemplation of death and the value of the property at the time of decedent's death is includable in her gross estate…
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1. Where the evidence shows that one of the dominant and controlling motives which influenced decedent to execute a relinquishment of a reserved general power of appointment over property which she had conveyed in a trust indenture executed long prior thereto, was to avoid estate taxes on her estate after her death, held, that such relinquishment was in contemplation of death and the value of the property at the time of decedent's death is includable in her gross estate under section 302(d), Revenue Act of 1926. 2. Where the evidence also shows that one of the dominant and controlling motives…
1Opinion of the Court
*1081OPINION.
Black :
The Commissioner determined that the value of the property transferred by decedent by the deed of trust of May 12, 1915, as to which the power of appointment was relinquished March 16, .1982, was $316,606.96 at the date of decedent’s death and included it as a part of her gross estate. This will sometimes hereinafter be designated as item 1 of the Commissioner’s determination. He determined that the value of the property transferred by decedent to her daughter, Anna H. Denniston, by the two deeds dated May 19, 1932, was $55,000 at the date of decedent’s death and included it as…
2Cases cited2 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Heiner v. DonnanSupreme Court of the United States · 1932
3Cited by2 opinions
- Denniston v. CommissionerUnited States Board of Tax Appeals · 1938
- Estate of George Henry Kent v. CommissionerUnited States Tax Court · 1947