ESTATE OF KISLING v. COMMISSIONER

Docket No. 19743-91.

65 T.C.M. 2956 (1993)

T.C. Memo. 1993-262

Estate of Erma M. Kisling, Deceased, William L. Kisling, Jr., and John W. Kisling and Rosemary Kisling Doerr, Personal Representatives v. Commissioner.

United States Tax Court.

Filed June 15, 1993.


Attorney(s) appearing for the Case

John L. Sullivan, One Metropolitan Square, St. Louis, Mo., for the petitioner. James A. Kutten, for the respondent.


Memorandum Opinion

TANNENWALD, Judge:

This case is before us on petitioner's motion for summary judgment. The sole issue for decision is whether irrevocable fractional interests in the corpus of the decedent's revocable trust, created in favor of her three children within 3 years of her death, must be included in the gross estate under sections 2035(d)(2)1 and 2038(a)(1).

At the time the petition was filed, petitioner...

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