TRUSTS--EXERCISE OF A POWER WITH CONSENT OF TRUSTEE-RETROACTIVE FEDERAL INHERITANCE TAX

Authors

Abstract

A trust, established in 1908, reserved a power to the settlor to alter or amend the provisions of the trust, conditioned on the assent of the trustee. 26 U. S. C. A. sec. 1094 (d), Rev. Act (1926) sec. 302 (d), which applied to trusts subject at the date of death to any change through the exercise of a power either by the decedent alone or in conjunction with any person, to alter, amend or revoke, was made retroactive by clause (h) of the same section. Held, since the transfer was complete before the death of the settler, section (d) is a violation of the Fifth Amendment. Erskine v. White (D. C. Mass. 1930) 43 F.(2d) 765.

Recommended Citation

TRUSTS--EXERCISE OF A POWER WITH CONSENT OF TRUSTEE-RETROACTIVE FEDERAL INHERITANCE TAX, 29 Mich. L. Rev. 796 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/38