ESTATE OF MITCHELL v. COMMISSIONER

Docket No. 941-68.

55 T.C. 576 (1970)

ESTATE OF ABNER W. MITCHELL, DECEASED, ELLA K. MITCHELL, EXECUTRIX, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed December 22, 1970.


Attorney(s) appearing for the Case

A.C. Williams, for the petitioner.

J. S. Hamelberg and Fred L. Baker, for the respondent.


ATKINS, Judge:

The respondent determined a deficiency in estate tax in the amount of $5,482.10. The only issue presented is whether the value of a trust created by the decedent is includable in his gross estate under the provisions of section 2036 of the Internal Revenue Code of 1954.

FINDINGS OF FACT

Some of the facts were stipulated and are incorporated herein by this reference.

The decedent Abner M. Mitchell died on February 11...

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