Buck v. Commissioner

1972 T.C. Memo. 231, 31 T.C.M. 1134, 1972 Tax Ct. Memo LEXIS 25
United States Tax Court·Decided November 20, 1972·No. Docket No. 2106-70.·Unpublished

Opinion

MARY C. BUCK, DECEASED, MARY ANGIELA MASON, EXECUTRIX, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Buck v. Commissioner
Docket No. 2106-70.
United States Tax Court
T.C. Memo 1972-231; 1972 Tax Ct. Memo LEXIS 25; 31 T.C.M. (CCH) 1134; T.C.M. (RIA) 72231;
November 20, 1972, Filed
Henry Gelles, for the petitioner.
Ronald A. Wagenheim, for the respondent.

TIETJENS

MEMORANDUM OPINION

TIETJENS, Judge: The Commissioner determined deficiencies in the gift tax liability of the estate of Mary C. Buck as follow:

YearDeficiency
1957$ 855.04
1958535.92
1959367.50
1960210.00
1961662.06
1962451.47
1963 405.00
Total$3,486.99

All of the facts are stipulated and are so found.

The donor, Mary C. Buck, died on October 17, 1966 in Clinton County, New York. Her daughter, Mary Angiela Mason, qualified as executrix of the estate. She resided at Peru, New York on the date the petition was filed.

Prior to her death Mary Buck created identical irrevocable trusts for the benefit of her grandchildren as follows:

BeneficiaryDate BornTrust Created
Mary Elizabeth MasonMay 2, 1953Dec. 15, 1957
James P. MasonJune 30, 1954Dec. 15, 1957
Philip C. Mason, Jr.Sept. 26, 1955Dec. 15, 1957
Ann Coll MasonJuly 2, 1958Oct. 10, 1958
Margaret Buck MasonJuly 29, 1960Jan. 9, 1961

*27 The following cash transfers were made to the individual trusts in the years indicated:

YearPhilipJamesMaryAnnMargaret
1957$5,271.86$5,273.42$5,273.42
19581,000.001,000.001,000.00$ 3,000.00
1959500.00500.00500.002,000.00
19602,000.00
1961500.00500.00$4,500.00
1962500.00750.00344.201,750.00
1963500.00500.00500.00500.001,000.00

All of the trust agreements (hereafter collectively referred to as the indenture) are identical to each other. The settlor directed the trustee, who was to serve without compensation, to hold and manage the trust estate and any further property added by the settlor or other persons until the primary beneficiary reached the age of 30. Income was to be accumulated and paid over with corpus at that time, however Article III of the indenture conferred upon the trustee the discretionary power to expend corpus or accumulated income for the education, support, or maintenance of the primary beneficiary. Article XI provides "This agreement shall be construed and regulated in all respects by the State of New York."

Mary Buck exercised in full her statutory option*28 to deduct the specific lifetime exemption provided by

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Buck v. Commissioner, 1972 T.C. Memo. 231, 31 T.C.M. 1134, 1972 Tax Ct. Memo LEXIS 25 (tax 1972).

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