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QUESTION SUBMITTED BY U. S. CT. OF APP., TENTH CIR.

No. 27239.

553 P.2d 382 (1976)

In re QUESTION SUBMITTED BY the UNITED STATES COURT OF APPEALS FOR the TENTH CIRCUIT, Concerning the Nature of a Future Interest Subject to a Condition in Civil Action No. C-4205 in the United States District Court for the District of Colorado Entitled. UNITED STATES of America, Plaintiff-Appellant, v. UNITED BANKS OF DENVER, as Trustee of the Trust created by the Last Will of Carl J. Martinson, and William Arthur Martinson, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

August 23, 1976.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Crombie J. D. Garrett, Karl Schmeidler, John G. Manning, Attys., Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant; James L. Treece, U. S. Atty., Denver, of counsel.

Reardon, Reardon & Reardon, Gene W. Reardon, Denver, for defendants-appellees.

DAY, Justice.

This is in response to a question certified under C.A.R. 21.1 by Chief Judge Lewis of the United States Court of Appeals for the Tenth Circuit. The question reads:

"Under Colorado law, is the interest of William Arthur Martinson (taxpayer) in the trust created in his name under his father's will a future interest subject to a condition precedent where the interest of the taxpayer cannot be enjoyed until the death of a preceding life tenant?"...

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