US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

BECKER V. ST. LOUIS UNION TRUST CO., 296 U. S. 48 (1935)

Subscribe to Cases that cite 296 U. S. 48 RSS feed for this section

U.S. Supreme Court

Becker v. St. Louis Union Trust Co., 296 U.S. 48 (1935)

Becker v. St. Louis Union Trust Co.

No. 11

Argued October 16, 17, 1935

Decided November 11, 1935

296 U.S. 48


1. Some years before his death, decedent, by declarations of trust, transferred property irrevocably to himself as trustee for the benefit of his children. The instruments provided in each case that, if the beneficiary should die before the settlor, the trust estate should revert to the settlor absolutely, but if the settlor should die first, the property should thereupon become the beneficiary's absolutely. In either of such cases, the trust was to cease. Held, that the transfers were not intended to take effect in possession or enjoyment after the grantor's death, within the meaning of § 302(e), Revenue Act of 1926. Helvering v. St. Louis Union Trust Co., ante, p. 296 U. S. 39. P. 296 U. S. 50.

2. The legal title, possession and control of property may by declaration of trust be passed irrevocably from the grantor to himself as trustee, with the same effect as if the trustee receiving the conveyance had been another person. P. 296 U. S. 50.

3. Decedent, 76 years of age and in excellent health, attending regularly to business and apparently not looking forward in any way to his death, set up trusts for his children, who were all past 21 years of age. So far as appeared, his objects were to make them allowances so that he might be relieved of care in their regard, and to reduce his personal surtaxes. Held, that the evidence was insufficient to show that the transfers were made in contemplation of death. Revenue Act, 1926, § 302(c). P. 296 U. S. 51.

4. The record in this case does not show that the Commissioner of Internal Revenue rested his assessment upon a finding that the transfers in question were made in contemplation of death. P. 296 U. S. 52.

76 F.2d 851 affirmed.

Certiorari to review the reversal of a judgment of the District Court in favor of the Collector in a suit to recover money exacted as an additional estate tax. chanroblesvirtualawlibrary

Page 296 U. S. 49

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™