(Download) "Stolte v. ." by United States Court of Appeals for the Eighth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Stolte v. .
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 12, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This case is brought to this court on petition of the Commissioner of Internal Revenue to review the decision of the Board of Tax Appeals denying deficiency in federal estate tax against the estate of Paul F. Donnelly under the Revenue Act of 1926, as amended. The opinions of the majority and dissenting minority of the Board, and the findings of fact upon which they rest, are reported in Estate of Donnelly, 38 B.T.A. 1234. As there is no attack upon the findings, we have not repeated them in this opinion. Our conclusions upon the points argued are related to the facts shown in the reported findings of the Board. The Commissioner fairly states the question presented here as follows: "In 1933 the decedent created a trust to pay income to his wife to be used by her for family expenses and her own maintenance and support. At his death she was to receive $100,000 in value of the corpus if then living and they were still married, whereas he was to get the entire trust property if he survived her under the same circumstances. The settlor reserved the right to terminate the trust at any time with his wifes consent. Was $100,000, distributable to the wife after death of the decedent on Setember 7, 1934, includible in the gross estate for federal estate tax purposes under Section 302(c) or (d) of the Revenue Act of 1926, as amended?"
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