Joy v. United States, 18203.
Decision Date | 09 December 1968 |
Docket Number | No. 18203.,18203. |
Citation | 404 F.2d 419 |
Parties | Henry B. JOY, Jr. and William C. McMillan, as Executors under the Will of Helen N. Joy, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
Marshall M. Massey, Detroit, Mich., for appellants, Dykema, Wheat, Spencer, Goodnow & Trigg, Detroit, Mich., on the brief.
David E. Carmack, Atty., Dept. of Justice, Washington, D. C., for appellee, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Loring W. Post, Attys., Dept. of Justice, Washington, D. C., on the brief, Lawrence Gubow, U. S. Atty., Milton J. Trumbauer, Asst. U. S. Atty., Detroit, Mich., of counsel.
Before PHILLIPS, EDWARDS and CELEBREZZE, Circuit Judges.
This is a federal estate tax case presenting the question whether § 2036(a) (2) of the Internal Revenue Code of 1954 applies to four irrevocable inter vivos trusts created by Mrs. Helen N. Joy for the benefit of grandchildren.
The executors of the estate of Mrs. Joy filed an action for refund of a $727,494.09 tax deficiency paid, contending that the taxes were improperly assessed and collected. District Judge Thaddeus M. Machrowicz held against the executors, ruling that the trusts were subject to taxation under § 2036(a) (2) to the extent of eighty per cent of the corpus of the four trusts and also to the extent of all undistributed net income. The Government's motion for partial summary judgment was sustained and the motion of the executors for summary judgment was overruled. The executors appeal.
The four inter vivos trusts with respect to which the deficiency was assessed were established by Mrs. Joy in 1948 for the benefit of her four grand-children. They are referred to and described as follows:
Under the terms of each trust instrument Mrs. Joy and her son were named as trustees. A third trustee was appointed later. Mrs. Joy continued to serve as co-trustee until her death on March 13, 1958. The four grandchildren who were named as beneficiaries all survived their grandmother.
Each of the four trust agreements contains the following provision which appears in identical language except for the name of the beneficiary and the date for termination and distribution of the trust, which was December 31, 1963, in the three trusts for Mrs. Joy's granddaughters and December 31, 1969, in the trust for her grandson. It is here quoted from the Peterle trust:
Each of the trust agreements contains provisions for remaindermen in the event the principal beneficiary does not survive to the date fixed in the provision quoted above for the termination of the trust and the distribution of the trust fund to the principal beneficiary.
The eighty per cent of the income which was distributable under the three trusts terminating in 1963 was distributed by the trustees to the primary beneficiaries. The eighty per cent of the income of the Joy III trust terminating in 1969 was largely retained as undistributed net income and invested.
At the date of Mrs. Joy's death the value of the four trusts were:
Peterle .................... $ 414,446.83 Mikesell ................... 414,446.83 Fuller ..................... 414,446.83 Joy III .................... 488,847.29 _____________ $1,732,187.78
The value of the Joy III Trust included `undistributed net income' (as defined by paragraph 6 of the trust instrument) in the amount of $76,962.67.
Section 2036 provides as follows:
The District Court held that Mrs. Joy's right as trustee to accumulate eighty per cent of the trust income as undistributed net income and her right to distribute that income after its accumulation were rights "to designate the persons who shall possess or enjoy the property or the income" within the terms of § 2036(a) (2). The judgment of...
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Byrum v. United States
...the Government's reliance on United States v. O'Malley, 383 U.S. 627, 86 S.Ct. 1123, 16 L.Ed.2d 145 (1966) and Joy v. United States, 404 F.2d 419 (6th Cir. 1968) is inappropriate under the facts of the present case. In O'Malley the crucial factor making the value of the transferred assets i......