ANGEVINE v. COMMISSIONER OF CORPORATIONS & TAXATION


367 Mass. 826 (1975)

329 N.E.2d 124

ERNEST G. ANGEVINE & others, executors & trustees, vs. COMMISSIONER OF CORPORATIONS AND TAXATION.

Supreme Judicial Court of Massachusetts, Norfolk.

May 22, 1975.


Attorney(s) appearing for the Case

James G. Wheeler (John C. Thomson with him) for the plaintiffs.

Howard J. Whitehead, Assistant Attorney General, for the Commissioner of Corporations and Taxation.

Wilson C. Piper, Virginia C. Hall, & H. Brian Holland for The First National Bank of Boston, and Samuel B. Potter & Roger M. Thomas for Alfred P. Putnam & others, trustees, as amici curiae, submitted briefs.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

Under our inheritance tax laws, a life estate created by will is subject to tax as of the date of the testator's death, but the tax on the remainder is postponed until after the right of possession accrues and is assessed on the value of the interest coming to the beneficiary "at the time when he becomes entitled to the same in possession or enjoyment." G.L.c. 65, §§ 7, 13. In the present case the life beneficiary of a trust has unlimited power...

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