Estate of Hutchinson v. Commissioner
United States Tax Court
Decedent established four testamentary trusts, A, B, C, and D, for the benefit primarily of a son, daughter, and numerous other relatives and descendants, both living and unborn, with remainders over, through trustee, to the Board of Regents of the State of Iowa. The trust corpus of each trust was subject to invasion to meet the required distributions to beneficiaries. The overall life of the trusts was estimated at about 100 years.
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Decedent established four testamentary trusts, A, B, C, and D, for the benefit primarily of a son, daughter, and numerous other relatives and descendants, both living and unborn, with remainders over, through trustee, to the Board of Regents of the State of Iowa. The trust corpus of each trust was subject to invasion to meet the required distributions to beneficiaries. The overall life of the trusts was estimated at about 100 years. Held: That there was no reasonable certainty of a gift to charity of any ascertainable amount at the date of decedent's death. Therefore, the claimed deduction is…
1Opinion of the Court
IrwiN, Judge:
Respondent determined an estate tax deficiency of $41,515.57.
The sole issue is the deductibility of a charitable bequest of the remainder interests in several family trusts which the decedent set up by will.
Our ultimate question is whether there was a bequest to charity reasonably ascertainable in amount and deductible from the gross estate under section 2055 (a) (1), I.R.C. 1954.
FINDINGS OF FACT
Some of tbe facts have been stipulated and are so found.
Petitioner is tbe Estate of Elizabeth Annis Hutchinson, Charles H. McConnell, executor. Decedent died a resident of Des Moines,…
2Cases cited9 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- Humes v. United StatesSupreme Court of the United States · 1928
- Commissioner v. Estate of SternbergerSupreme Court of the United States · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. CommissionerUnited States Tax Court · 1970
- Davis v. CommissionerUnited States Tax Court · 1970
- Estate of Hutchinson v. CommissionerUnited States Tax Court · 1969