Legal Opinion

Estate of Davis v. Commissioner

United States Tax Court

Decided June 11, 1986No. Docket No. 2383-82Published

Decedent was survived by a widow, two children by the widow, and one child by a previous marriage. After making certain outright gifts, decedent's will disposed of balance of estate to two trusts, the first for the widow and the second containing certain farm property for the primary benefit of all three children. The two children by the widow were named trustees of both trusts.

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Decedent was survived by a widow, two children by the widow, and one child by a previous marriage. After making certain outright gifts, decedent's will disposed of balance of estate to two trusts, the first for the widow and the second containing certain farm property for the primary benefit of all three children. The two children by the widow were named trustees of both trusts. The will also provided that (1) "the entire net income" of first trust was to be distributed to the widow annually; (2) widow had general power of appointment exercisable by will over corpus of first trust but if she…

1Opinion of the Court

Estate of David Davis IV, Deceased, David Davis V, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Davis v. Commissioner

Docket No. 2383-82

United States Tax Court

86 T.C. 1156; 1986 U.S. Tax Ct. LEXIS 98; 86 T.C. No. 67;

June 11, 1986, Filed

Decision will be entered under Rule 155.

Decedent was survived by a widow, two children by the widow, and one child by a previous marriage. After making certain outright gifts, decedent's will disposed of balance of estate to two trusts, the first for the widow and the second containing certain farm property for the primary…

Also in this document: Concurrence; Dissent.

2Cases cited11 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. United States v. CorrellSupreme Court of the United States · 1967
  3. Bingler v. JohnsonSupreme Court of the United States · 1969
  4. Commissioner v. StidgerSupreme Court of the United States · 1967
  5. Stephenson Trust v. CommissionerUnited States Tax Court · 1983

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